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Home My WebLink About20190440.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: H & K Investments, LLC — PUDF18-0001 DEPARTMENT: Public Works DATE: January 9, 2019 PERSON REQUESTING: Tisa Juanicorena Brief description of the issue: The Department of Public Works received a request from the applicant, Todd Armand/ H & K Investments, LLC, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (PUDFI8-0001). Collateral, in the amount of $19,027.70, is required with this agreement for On -Site Improvements, and has been submitted in the form of an Irrevocable Letter of Credit #2910006596, by H & K Investments, LLC, 36107 CR 29, Eaton, CO 80615, and guaranteed by the Bank of Colorado - Eaton, 55 South Elm Avenue, Eaton, CO 80615. Weld County Public Works, Planning Services 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 Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? 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 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for PUDF18-0001, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Approve Schedule as Regular Recommendation 13OCC Hearing Item Other/Comments; Sean P. Conway Scott K. James Steve Moreno Mike Freeman, Pro-Tem Barbara Kirkmeyer, Chair cc pt.JCTJ/EP) , PLCOcAI Ko) oearosit9 ,`07L13 (ft)) 2019-0440 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS H & K Investments, LLC — PUDF 18-0001 THIS AGREEMENT is made this U day of aq ov->/, 2019, by and between H & K Investments, LLC, whose address is 36107 CR 29, Eaton, Colorado 80615, hereinafter referred to as "Property Owner", and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption, RE -3684, being part of the SW1/4 and SE1/4 of Section 5, Township 7 North, Range 67 West of the 6`I' P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of PUDF 18-0001 for nine (9) lots on approximately 59.3 acres, and WHEREAS, Property Owner acknowledges that the final approval of PUDF 18-0001 is conditional upon Property Owner's funding and/or construction of the on -site and off -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A - On -Site Improvements Costs of Construction, Exhibit B — 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 issue for any lot described in PUDF18-0001 until said improvements have been completed and accepted by County, and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sections 24-3-80, 24-4-70. and 27-8-60, if no construction has begun or no use established within three (3) years of the date of the approval of the final plan or plat, the Board of County Commissioners may require the Property Owner to appear before it and present evidence substantiating that the development has not been abandoned, and that the Property Owner has the willingness and ability to continue development, and WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site (if applicable) and all off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. NOW. THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: PART I: SITE SPECIFIC PROVISIONS H&K Investments, LLC - PUDF I8-0001 - IA ' -1'11 4463575 Pages: 1 of 27 01/31/2019 10:22 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO • ii �!��C�:��hL��i LAG'I+� RQ ��hf�G��L�41 �A�"a�Ir,4 �� ii III A. Off -Site Improvements: The Property Owner shall be responsible for the construction of certain off -site safety improvements required by the Board of County Commissioners, which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of PUDF 18-0001. 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 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 and Paving. Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Exhibits. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this PUD. Some of these improvements may include work extending into State or County ROW in which case a ROW or access permit is required. 3.0 Cost of Construction Exhibit. If applicable, A registered Colorado Engineer or equivalent must sign and stamp the construction cost estimate on Exhibit A. 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 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 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 5.0 On -site Improvements Collateral. Collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral, Property Owner must contact either the Planning Department who conducts inspections for all on -site improvements, and/or the Public Works Department who conducts inspections for all off -site improvements. If all improvements are determined to be in accordance with this approved agreement, the Property Owner may submit either new or revised collateral documentation to the Public Works Department. Then Public Works submits the documentation to the Clerk to the Board's office, for the I-IR,IC Inu.cr.,,n.nte I I r - PUDF18-0001 - IA 4463575 Pages: 2 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppel. Clerk and Recorder: Weld County, CO 11 !IA II II I 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. C. Maintenance Requirements: 1.0 Property Owner shall be responsible for maintaining all common elements, including on -site "internal" roadways and drainage features within the PUD. Property Owner shall also be responsible for certain maintenance requirements related to the following designated County Roads (the "travel routes"): County Road 84 between County Roads 15 and 19 2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated travel routes after completion of construction. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. Dust abatement along the travel routes is expected to occur approximately two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per Section 8-6-100 of the Weld County Code. 2.1 Dust Control During Construction. If necessary, as determined by the County, the Property Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control by a contractor approved by Weld County Public Works during the construction period of the development. 3.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavement repair on designated travel routes. The amount and extent of repair will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 4.0 Calculation of Property Owner's Proportional Share of Costs. For costs which under this Agreement which are not the sole expense of the Property Owner, the County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance and/or repair to the travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 90 days of receiving an invoice from County. 5.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road maintenance agreements for the travel routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair and/or maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available. PART II: GENERAL PROVISIONS H&K Investments, LLC - PUDF18-0001 - IA 11 4463575 Pages: 3 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes Clerk and Recorder.. Weld County, CO 1III k,IWOUI ��'hM��1�Viialni r, A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 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 Guidelines. 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. H&K Investments, LLC - PUDF18-0001 - IA - 4of11 4463575 Pages: 4 of' 27 01/31/2019 1022 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld Count;, CO ��G!lIilKin��i��l B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of certain on -site and all off -site improvements as applicable, as described in this Agreement; and (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. 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 may be 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 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. 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. H&K Investments, LLC - PUDFI8-0001 - IA 1 4463575 Pages: 5 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koopes_ Clerk and Recorder, Weld County, CO ®III Fjm'liar&l Y II III 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 3.2.4 The Statements of Substantial Compliance must be accompanied, as applicable, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district, or town for any utilities. 3.2.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 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 approve the improvements and request the Board of County Commissioners authorize release of collateral for On -Site Improvements. 2.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Department of 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 Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines H&K Investments, LLC - PUDFI8-0001 - IA 4463575 Pages: 6 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Knppes, Clerk and Recorder, Weld County, CO 1111 M!r.Ciw,::116s1,0ili Ph'i AVI'iiil iciliyi II II I the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 3.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 3.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 3.4 The Board of County Commissioners does not accept any On -Site Improvements for maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use. Maintenance of on -site improvements is the responsibility of the Property Owner or its successor, including the Homeowners' Association. The Board of County Commissioners does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. D. Access and Right -of -Way Permits: 1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article V of Chapter 12 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 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. 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 H&K Investments, LLC - PUDF18-0001 - IA 4463575 Pages: 7 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO VIII kIrd Jlti Ill III demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Sections 24-3-80, 24-4-70, and 27-8-60. 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 This Agreement shall be assigned by the Property Owner to the Homeowners' Association (HOA) in accordance with the provisions provided in the Declarations associated with the residential subdivision. However, in all other circumstances, the 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 all cases other than an assignment to the HOA, 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. 4453575 Pages: 8 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO PPP./ rin��' W" I��' �� ik` ��k�s��l�� ' ' Y�� U flI H&K Investments, LLC - PUDF18-0001 - IA Page 8 of II 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement, including subsequent lot purchasers. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 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. H&K Investments, LLC - PUDF18-0001 - IA Page 9 of 11 4463575 Pages: 9 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO 11111 gill! 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 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. 4463575 Pages: 10 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Kopoes, Clerk and Recorder, Weld County; CO III! ill I H&K Investments, LLC - PUDF18-0001 - IA Page 10 of 11 PROPERTY OWNER: By: Name: —/0-71 o71 ,z Title: ('') ct, r STATE OF COLORADO County of Weld Date: ss. / 21/ rDe .±'�trA t AKlt: re EN NOTARY PUBLIC STATE OF COLORADO a NOTARY i0 20174031289 MY COMMISSION EXPIRES 7-26-2021 The foregoing instrument was acknowledged before me this 0 day of , 201°1, by I bawl a.nci �wv,p of {� LLC WITNESS my hand and official seal. 6644. Notary Public WELD COUNTY: ATTEST: Weld C,6utityClerJC to the BY: Deputy Clerj4 to the Boa 4463575 Pages: 11 of 27 01/31/2019 10:22. AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■Ill��r��;'�t�P+��,N��aeM:��LLE�i4�,� � �Miir�I iI BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR arbara Kirkmeyer, Chai li&K Investments, LLC - PUDFI8-0001 - IA Page II all J4N `8 2019 020/ 9'-0 A% Serenity (Exhibit A) Public Improvement Engineers Estimate Date: 10/16/18 Description Unit Quantity Unit Price Total Site Preparation LS a 1 $ - $ - Erosion Control Storm Water Management Temporary/Permanent Seeding LS a 1 $ 850.00 $ 850.00 Subtotal i $ 850.00 Water Main 6" DR 14 C900 PVC LF 2072 0 $ - 6" Gate Valve EACH 3 0 $ - Water Main Fittings EACH I 2 0 $ - 16"x6" Wet Tap EACH 2 0 $ - Fire Hydrant Assembly EACH 3 $ - $ - 15" Culvert RCP LF 30 $ - $ 600.00 Subtotal $ 600.00 Roadway 6" Gravel Section (Access Road/Pad) Tons 1,500 $ 8.00 $ 12,000.00 Road Prep/Earthwork SY 6562 $ 0.85 $ 5,577.70 Subtotal $ 17,577.70 Electrical Transformer and Service Trans 5 $ - $ - $ Subtotal $ - Total 4463575 Pages; 12 of 01/31/2019 10:22 AM 27 R Fee:$0.00 $© . 00 Carly Koppes. Clerk and Recorder Weld County. CO 11/11 Kir! kfiliV 1V I I ) , iI�IE!{11 $ 19,027 70 EXHIBIT A-1 - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: 44 7A --/* Applicant Owner Title By: Applicant Title 4463575 Pages: 13 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO 'L 411140 r: ktk Anniyi, II Date January 8 20 19 Date , 20 EXHIBIT A-2 - Cost Sheet (ON -SITE ) Name of Facility: Serenity View Estates Filing/Case #: p=18-0001 Location: CR 84 Personnel Contact: Name Todd Annand Title: Owner Phone: 970-413-1714 intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (Leave spaces blank where they do not apply ) (ON -SITE) Quantity Units Unit Costs ($) Estimated Construction Cost (5) ',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) ',PLANNING SERVICES'. Sidewalks 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 Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails ',Health Department', Septic Systems ,Si JB-TOTAL; (Testing, inspection, as -built plans and work in addition to preliminary and Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF 1MPRnvFMFNTc cnlr:EvuUD1NG AND SUPERVISION ($) 0.00 4463575 Pages: 14 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CC I`', V;iiit), Bill EXHIBIT A-2 Cost Sheet (ON -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Owner Title By: Applicant Title 4463575 Pages: 15 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO 11111�,« �:r1 1t lr«�Ff�Ni if moYimfriy), ®1119 Date January 8 20 19 Date , 20 EXHIBIT B-1 - Time Schedule (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: PUDF 18 - 0 0 01 Filing/Case #: Location: CR 84 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit A-1 shall be completed as follows: Improvements (Leave spaces blank where they do not apply) Time Schedule (OFF -SITE J,PUBLIC WORKS,J, Survey, Street Monuments/Boxes Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Sidewalks, Curbs, Gutters, and Culverts (OFF -SITE) Dust Control (per Sec. E.-7.5.2) Road Maint. Collateral (per Sec. E.-7.5) ,.PLANNING SERVICES, Sidewalks, Curbs, Gutters, and Culverts (ON -SITE) Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails .Health Department,L Septic Systems Final Completion Date for Entire Project No Off s i t e 4463575 Pages: 16 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO Krth Iiii, 1Go4:5ilyi ®I III EXHIBIT B-1 - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: 441 Applicant Owner Title By: Applicant Title 4463575 Pages: 17 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes Clerk and Recorder Weld County. CC ®III MI A't I" 1141,l�PG��fl P ,Y �I �r:'f1O ®I III Date January 8 20 19 Date , 20 EXHIBIT B-2 - Time Schedule (ON -SITE) Name of Subdivision, PUD, USR, RE, SPR: PUDF 18 - 0 0 0 l Filing/Case #: Location: CR 84 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within _years from the date of approval of the final plat. Construction of the improvements listed in Exhibit A-2 shall be completed as follows: Improvements (Leave spaces blank where they do not apply) Time Schedule (ON -SITE) IPUBLIC WORKS.. Survey, Street Monuments/Boxes Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Sidewalks, Curbs, Gutters, and Culverts (OFF -SITE) Dust Control (per Sec. E.-7.5.2) Road Maint. Collateral (per Sec. E.-7.5) IPLANNING SERVICES,. Sidewalks, Curbs, Gutters, and Culverts (ON -SITE) Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails 1Health Department,j. Septic Systems Final Completion Date for Entire Project See Attached 4463575 Pages: 18 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO 11111 r.rkll, ,ii'lI•il rl ,I VN9IR,V iiiy , I! I!! EXHIBIT B-2 - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Owner Title By: Applicant Title 4463575 Pages: 19 of 27 01/31/2019 10:22 RM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO iiiliKi°,kriii,A6 ilfi 14,AMIW,�� ®{ II! Date January 8 , 20 19 Date , 20 Serenity Development View Schedule Estates ID 'Task Name Duration Start Finish Predecessors Resource Names a 21 July 1 l Jul11� July 21 August 1 1 August 1 August 21, Septemb I Septemb Septem a C 6/24 7/1 I 7/8 I7/15 , 7/22 7/29 , 8/5 18/12 I 8/199 I I 9/2 9/9 9/16 9/23 1 _ Grading permit approved 1 day? Mon 6/25/18 Mon 6/25/18 e- 2 Rough grading 10 days Tue 6/26/18 Mon 7/9/18 1 3 Rough grade road 15 days Tue 7/10/18 Mon 7/30/18 2 4 Waterline installation 14 days Tue 7/31/18 Fri 8/17/18 3 5 Fine grade road 10 days Mon 8/20/18 Fri 8/31/18 4 -. Road base placement 20 days Mon 2/4/19 Fri 3/1/19 6 7 Electrical Install 10 days Mon 9/3/18 Fri 9/14/18 5 8 Gas Install 8 days Mon 9/17/18 Wed 9/26/18 7 Project: Date: Serenity View Estates Tue 1/8/19 Task i - Milestone 4 External Tasks (w■„r,,,� Split Summary tie External Milestone <` Progress ► - - + Project Summary Deadline Page 1 4463575 Paaes: 20 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO III Pi,' F1''1^P.1i; }NMI #Ih}Sli+,t(ik7ill NOTE I 9¢ 1O6 011110[OT SOLE WET M 0®H MOM SR01aTOIS *4C C CNTE MAWS N0 AE BUM IOi(04 AMU0 THPAS L * DOM SON 6 DASD OAT[Doan 001062(14aM00 DE DIME 0006 ➢6 SA DES NCO S PlO A0TOM00 rs�,m. 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M 11O00& WI M1®6 0016067 AV MIS 01111 SE 0.E WMTAIM CIP/i000 61011 05 1 61D 000 6 MO 69'0®3. 0 M 0160160:6 0617 COME 010 150106 (001.1111(016 0145 ®3.5) IL 616 0110 6 EST 6]40®0 0 M 0053.0 E M 0164 Mm'®1061 W.0008 610611100) PUDZ17-0005 Being all of Lot B Recorded Exemption No 0705 05 3 RE -3684 Situate in a portion of the South 1/2 of Section 5 Township 7 North Range 67 West of the 6th Pnnciple Mendian County of Weld, State of Colorado - 4fu311fE _ -- - uLLa ' T a� 1 �_ \ II / Ili Its l a1( OIL,! 101 I I ffi7 3116 AOU I II II S OU16 Ann a Tel -TIT" 911 aid-vc WO 15.75 AEU LOT 7 1.15 401 O�I 711 MP 01-0511 g l kR r 3.p 1151 A= 11\ \ ••-c. 010 17.6 AM _WCR 84 ESC I1( 01110* _�__` 4463575 Pages 23 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO ®III MAIM tt d �.:I. 1611Vi UNIIIVAIMPINA LEGEND Raw69E ® M111L MIT COMM ALL u96966®6 SOT AM 61906!01! CALM MT API C05000 OM MS0005 NOTES I. Al EM A0 MOMS 90610101! RN ALL MY/0MIT 0®3.11106 NO 0* 110 OSHA. 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MO OBE ILL EMOTE 1€ TAM II M164M 100 55115 MITT E CLEO MWC 010 M 50MER MATM 100 C5L M 1�ae.14 01110 10 AT IGST6 IMO 040610111€0110 TO HOST 6000160 IMA5016M11Q R 9AL MM SO066RT 6 M 0101.31 TO 506AR NL 141015 ONES Oro 3110 6019095 MCP COMICS ON 11E0 P0600 64 .1143 M M 50116 10113.0100*9163.60 TO 1611609E PINK [0CC. M01 A0 COMM6 061 411115.1964 1MX4 0 PAM 0 0 RCM CWSS 1.500 A IWO 0 1 MGM 69[ .0006 0 0 063 9.100 0 M10 MIRIAM 5500.10 1O606MOM 00* m 170 WM 006 SI MOO MmM 0901E6 MOON 51101 NM 0SH o0 6 PAPA. PNO0 LOT ACM MI5 M 166 6 13160016 9515 E STIMMO DAR PAU. KES 0666[ NOR6 7 0901116.9LL iehII A TOTT 041- CI 0106 PW PM M OR 0001 ARUM POMO. 4ST 01M M Of 001-0 MT I. ®d m MO9X03.! 0 IMO 6600103. 60666 6 010111! 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ADS FLARED DC - a. • 1 a ■ R I SPEED LIMIT 25 • • • • •\ $ LOT 3 UM AMC ♦ I I • I R II R • • • • • • • ,' I. • •• t OF CLASS s CRAWL SMaIG , CQIPACIED N AC:0SW Cl M94109410SWIMSWIMSPROCTOR T -f0 NENE D) PUDZ17-0005 Being all of Lot B, Recorded Exemption No. 0705-05-3 RE -3684 Situate in a portion of the South 1/2 of Section 5, Township 7 North, Range 67 West of the 6th Principle Meridian, County of Weld, State of Colorado SHOP Ma TO SPFlCENT OEM TO RFso INSUUeLE YATEAIN. KIND TOPSOIL IS STOPPED SONY NO =PACT Ir MOM N OEPM INSTILL COI 'C SWIM NAM SAWN OR STRUCTURAL nu.. INMTNIE NATIVE Ma SHALL L O10EXCAVATED NO REPLACED. CRAWL SECTION • • LOT 4 31.19 ACRES • • ICS !S ASS 1 _ -------------------- ' -. ly i • I LOTumuACRES L E: 6157.50 ADS RS OW �-e � 1061F it ADS • 0.015 FT/FT • - 91E ACCESS 0 • 4463575 Pages: 24 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO 84 I• • I • I a• • II I • • Sni1n ± ' / I • , 0 Ise • ,"'" • • // ♦/• II •:' • 40 0 • / dr • • • 'I I/ • I • • • • • • • I • I • l I • • • • • • • • •1 • •1 I • • LOT I Oil ACRES LOT 37.00 ACES • • - / • • LEGEND a CONTOUR PROPOSED a A*. TYPK M. 'LOTTO KALE laulliA.M• laISM \r head Eli Yw.S Moe wr .. c �A!bb_jIre a MM 0.•••••••• r ••• .- -n. •/ PAS r S•r.Iw Mot *sea at•;a1 Per. its I- s.na)•W .. Ywsasl ti V _s. wrw..-••• NosSiemse • •�1'• •••�.•M•�.- •1 \Mr*■M r•OMwMey llr. *044.—r sea 4iiirsens Ire. DI erne •1R•.•4Ir SKID COLNTY Pliant" WOU 10 MR MINT - —f.72-:- Mk :arr. tea _•v RURM L(Y'AL r...• �� • �xw.rl W LLD CIO, Pin ► IG1 \Ek*LSG A .X1067l4;C'R 1R CRITERIA ROAD CROSS SECTION �1 a MA- al a LOGO (DG E OP roc:INURING: & CONSULTING Wb$ .rail Rug.. S0.. I iP7O M4KM Neat. A noprou.poonl nags. W MIN a !, i::.T dA RIIAilin SERENITY VIEW PUD WELD COUNTY,CO ::I i:1.1 a.IQ•::11� H&K INVESTMENTS, LLC. 38107 CR-29 EATON, CO 80815 NSITTK FINAL PLAT DRAWN BY BSA CHECKED BY MRS PROJECT NO 17-014001 REVIDGi19 DATE 01/28/2018 M1EET TITLE GRADING AND CHANNELIZATION PLAN Iw jO./!.'. 1•::i'!\ •rini CR-1.0 4 a 7 III ,'jP: 1M-I III PUDZ17-0005 Being all of Lot B, Recorded Exemption No 0705 05 3 RE -3684 Situate in a portion of the South 1/2 of Section 5 Township 7 North Range 67 West of the 6th Pnnciple Mendian County of Weld State of Colorado 517 M LID 511710 qU110 0-19100 1,4!5101]1 _ • O111 Poocwsuo 0.5CC 5ue _ 110 4k-H99m w-110. 5413, _A0 551 _ 051 F=g1M0 7150 5100 5,510 51500 51710 55700 51650 560 51900 4000 10100 Wp0 51000 5,510 405 150!110 _ Pe DIY ! 9 t11L-mn 51441101.11 00. 51550 _ ALL5555 I-- 51750 51050 1151006115-01511 151 Im 51010 51510 O.E rieds f4 M g 0100 11100 5000 73100 4463575 Pages 25 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly IKoppels�, Clerk pand y�Recorder, I Weld County, quCp0,pw ` Mill ? Plt��l'i1� ItIY�I�i'tfYa®'ilt�io�l��a�l� MAW id Bill 4000 5051 SCALE 85101 WILL 1.0 11W®IIx MIL 110 5 51 17100 5155 IDGE1OP 990001.190 • 05.111TINC r^4 rogmaa aw0a SERENITY VIEW PUD WELD COUNTY CO vw. Iron srr.u,l H&K INVESTMENTS LLC 38107 CR 28 EATON C000615 FINAL PLAT 0.0181. CXECXED 0T PROJECT MO. MRS 9104.1 01/28/2018 ROAD PROFILE CR-2 1 5 of 7 4420 ENGINEERS CERTIFICATION l 105 WADI, A 0116110 *0®15 DOW M D10 STAY of COMM CO HER 001 TUT ➢E 4111153 81501 W L *AT WS PREP/ACE WAR In =Of 9/00901004 R1 3 AC COPE NO ®IN 006301001 MI5 01/10183 NO 910(4001* 100: 00040 PE MOW° PE 1000€00 PUDZ17-0005 Being all of Lot B Recorded Exemption No 0705 05 3 RE 3684 Situate in a portion of the South 1/2 of Section 5 Township 7 North, Range 67 West of the 6th Pnnciple Meridian County of Weld, State of Colorado ALL LOTS AOL BE REQUIRED TO PRUDE ON SITE EPIC SYSTEM , ,-- -- _ -T I / / \\�1 ��I� /�,/ '�I it I, // \ \41 I I , ,,,,, I I 1I j „/ �� t\1 III //ii Y1 ��/ \�\ 111 I,I // 1 LI I ///7/ \\ :u�106 ,\` ....T,� III !]6 rA� /�/ aLC 16E 1�1 �I \\ 111111 — III • amNWM i// /i 3 II, \A geTe4 WATER NOTES I All @61001101651.101 10 10101 W 16 505. 0 0O E 01 A 505 OAT NO 655111E *160010. 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II In V1®PM A HMO WM 1551101 AVM 177V0 WOO P€ 4.380 WM MSMINT MRS 0m O 3 100 P10 0001 l9v /CRS Ma WWAIM, ANIA MIR ♦amW MM MIME 10113 tl LI0 PIO A 0 C MTO MM WWI 1005 IM LI ROI RC A 3801 AN APWOOIA11WA1MICA IESW4RJD115 155®01011100110P055 11WA MD P€ MEW RUC0 i / 0301101010 NO CAS / 1000®1/1 WI =EL 113030 MM / / / RSRO01 AMR / / 6306010 ER311N 10110 ��lL %W3110P€ I /f 1--7— _L_ --_-----------_---_. _ -`. -_---701=/1101 III 1111 (431 1010 _ - - _ - - _ ! / — \ -----Qtt vNK___-_---WCR84-- - _� _ --__-__----•__ 1 1 6x770081/ ERAr®�_--_-�-_�.__��_ e UN MK 40 04 5/0' HMI 5110 LEGEND _- *ORVIN P1OA8D 1010 I POW® 301010 (141011 IT MOW 3110007 - 5517050 Cla NM RM 71655.515 CAST 03/0110/1010 NO =TIC 011 COMM 1T 75550511Mn OMIT311 TEE SIIM El 12530. DDOWLOH 19101115 0:1550E 91/0 00 09 WOWO MO 0100/16 AT LAST 10 AMY IROIW6V4D 0WEE 11E SOB IO ALL 0183N MRS 7457 DRY UTILITY NOTES 0 0 0 COMP. MM 9v MIT FARM (CAS TDECOALOLW1154 NO EIFORO {{KC VIM CM T1 fM1101 0O1A1 Mm Mr ORM ROAM IGS 0CmMIVA105 000 ELMO RN LOUT/ 010095 54001 CO Al AIL MY NOM 0601 IOTA= VOIN 0018 1)03(011 WATER UNE MUST BE PRESSUE TESTED PRIOR TO CONSTRUCTION OF ROADWAY - SIGN OFF IS REQUIRED 4463575 Pages 26 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO ®ill NraliMIl Vllliflitipil l Pd1kiiI'tfI1lislirr Irui'it ®I II 971"171 .1. 1 ILO IL KIDGEIOP arlShweleklid... 070,01.1.55, auk SERENITY VIEW PUD WELD COUNTY CO H8K INVESTMENTS LLC 96107 CR 29 EATON CO 00915 FINAL PLAT PROJECT MO 11,044-021 .11 009 01/28/2018 UTILITY PLAN C-30 6 1x 7 X1,1 P`. a. m�� IL AIL SSLOI 1.11ALLININTL TOGO, DUAL SOL, 61116 SOWN 610.11116 1 INNS SNINILIN111066:10011.64,1 1.1amorm.ura OWL. WIN NOIOLVINAT MOIL, AILYSIONSIONSIODL DCCITIll OrNFR11 mum WTI L, Fr— OCTSINIMINSOL.LI2LISISATIN Fos rnsnc 1,61 �rbb�VDit_ ,. Wnln R, At wm,uwwmvxmIONeSPILnacn16mnn. a. MRS. ,1111,.. . I�iMCL7��t� I -- m II0R170\TIT REND RLSIIUINr DE AIL C) N641116111J3CLINIIT PUDZ17-0005 Being all of Lot B Recorded Exemption No 0705 05 3 RE -3664 Situate in a portion of the South 112 of Section 5, Township 7 North Range 67 West of the 6th Pnnciple Meridian County of Weld State of Colorado FIRE III DR ANTASSI\1171 DEIAIL "'" 1 :!a7Z:" wm,n °m° n°u,°mmiav wem.n..m VOlIIIPTLDCOMII 111116.1101 Olt J r w� \FRTIcU Dr \D Rr\7R\LVr DrrAn 4463575 Pages 27 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO I'I :yxt h l M��VALh III uu.on�nu.-er mi OL\Tr, II VF %ND RON err VI NIATLIGITISCI ;"I 11.103�,A��im,VnVI� l��ill In ii LLGO KIDGE1OP bale 6 WPM.. 1111m...4 SERENITY VIEW PUD WELD COUNTY CO FMK INVESTMENTS, LLC 36107 CR 29 EATON C000615 FINAL PLAT DUNN BY PROJECT IMO sal 11414.1 01/28/2018 DETAILS s.FRw,IP°„rw w. C-4 0 6 « 7 4331626 08/30/2017 03:43 PM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $63.03 Carly Koppes - Clerk and Recorder, Weld County, CO WARRANTY DEED THIS DEED, is dated the 28th day of August, 2017, and is made between Robert L. Buderus (whether one, or more than one), the "Grantor" of the County of Larimer, and State of Colorado and H & K Investments, LLC, a Colorado limited liability company (whether one, or more than one), the "Grantee," whose legal address is: 36107 County Road 29, Eaton, CO 80615 of the County of Weld and State of Colorado State Doc Fee: $63.03 Recording Fee: $13.00 WITNESS, that the Grantor, for and in consideration of the sum of Six Hundred Thirty Thousand Two Hundred Fifty Dollars and No Cents ($630,250.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado described as follows: Lot B of Recorded Exemption No. 0705 -05 -3 -Re -3684, being a portion of the S 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., as per map recorded February 18, 2004 at Reception No. 3154844, County of Weld, State of Colorado. also known by street address as: 0 County Road 84 Drive, Fort Collins, CO 80524 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2017 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8.1 (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Matters not shown by the Public Records) and Section 8.3 (Survey Review) of the Contract to. Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; the benefit and burdens of any declaration and party wall agreements, if any. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Robert L. Buderus State of Colorado County of Larimer The foregoing instrument was acknowledged before me this 28th day of Augusst, 2017 by Robert L. Buderus. CARLA A. SENTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944020565 MY COMMISSION EXPIRES 1212712018 Witf,ess n � I� _Ilk_ Notary Public i My Commission Expires: eiil( TggT ial seal. •l; File No.: 206803 No. 932A Rev. 10-05 Warranty Deed (For Photographic Record) Page 1 of 1 Borrower: H & K Investments, LLC 36107 County Road 29 Eaton, CO 80615 Beneficiary: Weld County IRREVOCABLE LETTER OF CREDIT Lender: Bank of Colorado Eaton 55 South Elm Avenue Eaton, CO 80615 (970) 454-1800 NO.: 2910006596 EXPIRATION DATE. This letter of credit shall expire upon the close of business on 07-10-2019 and all drafts and accompanying statements or documents must be presented to Lender on or before that time (the "Expiration Date"). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Nineteen Thousand Twenty-seven & 70/100 Dollars ($19,027.70) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hour's and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN UNDER Bank of Colorado IRREVOCABLE LETTER OF CREDIT NO. 2910006596 DATED 01-03-2019," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). PERMITTED TRANSFEREES. The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representative at law of the original Beneficiary; and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee (i) by operation of law or (ii) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NON-SEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Colorado. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. SECURITY INTEREST. This Letter of Credit is secured by Promissory Note No. 2910006596 dated May 22, 2018 in the amount of $72,162.70. AUTOMATIC RENEWAL. The term of this Letter of Credit shall be renewed automatically for succeeding twelve month terms unless either Bank or Borrower shall deliver written notice of intent to terminate this Letter of Credit within thirty days of the Expiration Date. Dated: January 3, 2019 LENDER: BANK OF COLORADO Timothy W Croissa t, .' arket President Date Negotiated By ENDORSEMENT OF DRAFTS DRAWN: Amount In Words Amount In Figures Hello