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Home My WebLink About780150.tiff pb Recorded ata clock ^ -� 0 C T 11 1978 84? 1'7633'79 Rec. No. — Mary Ann Feuenrein, Recorder /Y ' RESOLUTION '1/1 371 In RE: APPROVAL OF ADDENDUM TO SUBDIVISION AGREEMENT, PARK LAND ESTATES, AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAME. 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, an addendum to the Subdivision Agreement between Park Land Estates and Weld County, Colorado, has been presented to the Board of County Commissioners of We unty, Co orado, A said addendum attached hereto and incorpor ' . � / i• /.� eference J at this point, and 4r iji' WHEREAS, Park Land is the owner i yej> ; " ' ` ..^ n estate and that from the "net sale proceeds" re e 0 ' P 4p ' <m he sale of each site, $10, 000. 00 will be withheld and placg140i n an interest bearing account titled the Park Land Estates Escrow Account for assurance of performance of the work as stated in said addendum, and WHEREAS, Park Land shall make and deliver to Weld County a first deed of trust in the amount of $280, 000 . 00 and shall be held by Weld County as further security for Park Land' s performance of the work described in said addendum, and WHEREAS, upon receipt of written certification to Weld County of the asphalt paving of the rights-of-way located in Park Land Estates, the County shall accept the streets for partial main- tenance. Upon said acceptance, the County may release to Park Land a portion of aforesaid Escrow Account according to the recommendations of the Weld County Department of Engineering Services, Upon full maintenance, Weld County shall release to Park Land all of the Escrow Account. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the addendum to the Subdivision Agreement between Park Land Estates and Weld County, Colorado be, and hereby is, approved. 780150 / / '? i / f`. . 1`91-4847 S S 1769379 BE IT FURTHER RESOLVED by the Board that the Chairman of the Board of County Commissioners of Weld County, Colorado be, and hereby is, authorized to sign the same. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of September, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ui 4,a_ "ATTEST: CI.l (x't'eu Weld County Clerk and Recorder Rand Clerk to the Boa \y: eputy County C AP O D AS TO FORM c / (71 _• County Attorney Date Presented: September 18, 1978 4001 847 • r V7693'79 -3 0 fl 0 (11 ADDENDUM a- n o t A I z o cmi I m < m THIS ADDENDUM made and entered into this 13th day (r)--:CM n lip Of 'fieptether 1978, by and between PARK LAND ESTATES, INC. , a S - a Colorado corporation, hereinafter called "Park Land" , and the n ck- Lo N u, County of Weld, by and through its Commissioners, State of oa m Colorado, hereinafter called the "County" . W I T N E S S E T H: • ° o -- D u)a a 1. Park Land is engaged in the development of the o A subdivision known as Park Land Estates, according to the re- a• msm corded plat thereof. G fTi r 2. At the time the County approved the final plat b��666 for Park Land Estates, a Subdivision Agreement was executed bY10 5 . 3�0,. O m the parties covering the duties and responsibilities of Park 0_ 0 Land with respect to the development of the Park Land Estates o 0 Subdivision. A copy of such Subdivision Agreement is attached a hereto as Exhibit A and is by reference made a part hereof. 2 m m � n 3. The parties have determined that the following a, - x development work must yet be completed by Park Land, and the rD � a County is entitled to receive security to insure the completion n 0� o c ?.1 0 thereof : ,a w 0 asphalt paving exclusive of gravel and base preparation of all rights-of-way. off_ a The parties further acknowledge Park Land has com- • f Ipleted or is in the process of completing all other- work re- 1 IT• 1i-• in quired in the development, and that the completed work has -c � iy��y 2b�. = o- been paid for in full and that monies are available for the I ` work yet to be completed. In this regard it is recognized Parklo loim Land has continued to pay cash from time to time for all of theVa'm development work as the work is completed. Copies of all con- tracts previously executed for work already completed, in the process of completion, or to be completed, are attached hereto. • This'd is no longer secured� It( 9 t ' ft " Deed of Trust dated �� + recorded on .... . 'Y%-7('in Book .41.7. at Reception No. 11 L 9.3$ of Weld County Records. Said Deed of Trust was released on :Cat the request of the legal holder of indebtedness : "tyq,,onA-1 Git �lrr _. �.✓.,`-!� To a.v+�r )s-:1 . •.... PUBLIC TRUSTEE WELD COUNTY COLORADO • 1769379 847 j - q 4. Park Land is the owner in fee of the real estate described on Exhibit B attached hereto and by reference made a part hereof. Park Land agrees that from the "net sale proceeds" received from the sale of each site constituting Exhibit B there will be withheld the sum of $10, 000 . 00 to be placed in an interest bearing account to be titled the Park Land Estates Escrow Account. The purpose of the Escrow Account will be to assure the County that the foregoing items 3 . (a) and (b) will be completed in accordance with the terms and provisions of the Subdivision Agreement attached hereto as Exhibit A. Park Land hereby agrees to assign, set over and transfer into said Escrow Account which shall remain intact and in favor of the County the aforementioned sum of $10, 000. 00 for each such site. For purposes of this Addendum, "net sale proceeds" shall mean all cash paid to Park Land from the sale of each site shown on Exhibit B attached hereto less all ordinary expenses of sale and real estate commissions. In addition, Park Land shall make and deliver to the County a first deed of trust covering the sites described on Exhibit C attached hereto and by reference made a part hereof. Said first deed of trust shall be in the amount of $280, 000. 00, and shall be held by the County as further security for Park Land' s performance of the work described in paragraph 3. hereof. At such time as there is furnished to the County a written certification from Meurer, Serafini & Meurer, Consulting Engineers in Denver, Colorado, showing that Park Land has completed the asphalt paving of the rights-of-way located in the Park Land Estates as required by the Subdivision Agreement attached hereto as Exhibit A and the exhibits to said agreement, the County shall accept the streets for partial maintenance as set forth in Section 5. 3 of the Subdivision Agreement previously executed by the parties. Upon the acceptance of the streets within Park Land Estates for partial maintenance, the County may release to Park Land a portion of aforesaid Escrow Account according to the recommendations of the Weld County Department of Engineering Services. Upon the acceptance of the streets for full maintenance as set forth in Section 5. 4 -2- 1'7693'79 /Y- s 847 of the Subdivision Agreement, the County shall release to Park Land all of the Escrow Account. Provided, that if Park Land shall fail to complete the asphalt paving of all of the rights-of-way on or before June 30, 1981 , or within one year from the date of occupancy of any residence constructed adjacent to that portion of the right-of-way required to be paved, whichever first occurs, then the County may, at its option, but shall be under no obligation to do so, complete such asphalt paving using the whole or any portion of funds in the Escrow Account for that purpose; and, the County shall also be entitled (without being under any obligation to do so) to foreclose on the aforesaid first deed of trust and use the proceeds derived from said foreclosure to complete such work. Any work completed by the County shall be done in accordance with plans and specifications heretofore previously approved by the County Engineering Department. If it becomes necessary for the County to complete any of the work contemplated hereunder, the County shall prior to embarking upon completion of such work, give to Park Land, c/o Doris J. McFeeters, 3953 Fuller Court, Boulder, Colorado 80303, written notice at least ten (10) days in advance of the date on which the County intends to commence completion of such work. During the ten-day period, if Park Land either commences completion of the work or establishes with the County a reason- able schedule for the completion of such work, (reasonable mean- ing satisfactory to the County' s engineer) , the County shall permit Park Land to complete such work and no demand will be made by the County on the Escrow Account, nor. shall any fore- closure as allowed aforesaid be commenced. Any excess proceeds, after use for paving by the County of the proceeds in the Escrow Account and those proceeds derived from foreclosure, shall be returned to Park Land. -3- t ! t769379 10*- . 47 /9.k 5. There is attached hereto as Exhibit D and by reference made a part hereof, certain Exclusive Real Estate Listing contract (s) to evidence the intent and agreement of Park Land to sell as soon as possible the real estate listed on Exhibit B attached hereto. Park Land agrees to use its best efforts and due diligence in the pursuit of obtaining purchasers for the real estate listed on Exhibit B attached hereto; provided, the parties understand and agree that from time to time Park Land • shall have the right in its own discretion to change, if it shall deem it necessary, .the , real estate firms employed for the purpose of obtaining new purchaser as aforesaid. Whenever a new Exclusive Real Estate Listing contract is entered into between Park Land and another realtor, it shall be the respon- sibility of Park Land to provide the County with a copy of same. At any time hereafter that Park Land either refuses or ceases to use its best efforts and due diligence in the pur- suit of obtaining purchasers for the real estate listed on Exhibit B, the County shall have the right upon giving to Park Land at least ten-day' s prior written notice, c/o Doris J. McFeeters, 3953 Fuller Court, Boulder, Colorado, 80303, to cease further issuance of building permits for the Park Land Estates Subdivision unless and until ,Park Land gives evidence satisfactory to the County that it can or ,will fulfill the responsibilities of Park Land under Exhibit A and this Addendum thereto. 6. The purpose of this agreement is to Addend the provisions of Paragraph of Exhibit A attached hereto, and nothing contained herein is intended to modify those provisions except as is necessary to effectuate the implementation thereof. 7. This Addendum shall be binding upon and inure to the benefit of the heirs, successors, assigns and legally appointed representatives of the parties hereto. -4- 11; 1347 1769379 IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the date hereinabove first written. PARK LAND ESTATES, INC. BY: 4C4C _. <17N—/- �/ President Attest: 1,l�oo c ,}A.e.`r_rir� ecretary,/ BOARD OF COUNTY COMMISSIONERS - OF WELD COUNTY BY: astiets Chairman " " � n BOOK J• 1'7679 :1'730930 :3<� 847 n -5 ,,. EXHIBIT "A" SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 19th day of September, 1977, by and between the County of Weld, Colorado, acting through its Board of County Commissioners, hereinafter called "County" , and Park Land Estates , Inc. , hereinafter called "Subdivider" . WITNESSETH: WHEREAS, Subdivider is the owner of or has a controlling interest in the following described property in the County of Weld , Colorado: See Exhibit "C" which is by reference made a part hereof as though set forth herein VERBATIM. WHEREAS, a final subdivision plat of said prpperty, to be known as Park Land Estates has been submitted to the County for approval ; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the Board of County Commissioners until the Subdivider has submitted a Subdivision Im- provements shown on plans, plats and supporting documents of the subdivision, which improvements , along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1 . Engineering Services : Subdivider shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1 .1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1 . 2 The required engineering services shall consist of, but not be limited to, surveys , designs , plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. - - fr 176:1111;9 L'73UZI;it1 • > 1 .3 Subdivider shall furnish drawings and cost estimates for roads within the subdivision to the County for ap- proval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statement of construction cost to the County. 2. Rights-of-'slay and Easements.: Before commencing the construction of any improvements herein agreed upon, Subdivider shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3. Construction: Subdivider shall furnish and install , at its own expense, the subdivision improvements listed on Exhibit "A":which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3. 1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the speci- fications adopted by the County for such public improve- ments. 3.2 Subdivider shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require reasonable testing and inspection of material and work at Subdivider' s expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of of the County at Subdivider' s expense. 2 . ,J j BO0% Ott Ud7U ' Iv 3.4 The Subdivider shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems , water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Subdivider. 4. Release of Liability: Subdivider shall indemnify and hold harmless the County from any and all suits, actions or claims of every nature and description caused by , arising from, or on account of said construction, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reason- able expenses and attorney fees incurred by County in defending such suit, action or claim. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman' s compensation insurance and public liability insurance coverage, and shall operate in strict accordance with laws and regulations of the State of Colorado governing occupational safety and health. S. Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Subdivider, streets within a subdivision may be accepted by the County as a part of the County road system and will be mairtained and repaired by the County. 5.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B" , but such use and operation shall not constitute an acceptance of said portions. 5.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B" , and may continue to issue building permits so long as the progress of work on the subdivision im- provements throughout the development is satisfactory to the County; and all terms of this Agreement have been faithfully performed by Subdivider. -3- 84'7 4379 1'730930 !S - li 5.3 Acceptance for Partial Maintenance: Upon the completion of the construction of streets within a subdivision according to Weld County Specifications, the Subdivider shall request in writing that the County Engineer inspect said streets and accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters and related street improvements . The County Engineer shall accept streets for partial maintenance for a period of one year. Nine months after initial acceptance, the County Engineer shall inspect the subject streets, and notify the Subdivider of any deficiencies. The County Engineer shall reinspect the streets after notif- ication from the Subdivider that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards , he shall recommend the acceptance of the streets for full maintenance to the Board of County Commissioners. 5.4 Acceptance of Streets for Full Maintenance: Upon receipt of a recommendation from the County Engineer for acceptance of streets within the subdivision, the Board of County Commissioners shall accept such streets as public facilities and County Property, and shall be responsible for the full maintenance of such streets including repair. 6. In addition to those items of work shown either on the final working drawings/specifications , or on the final plat or on the final Unit Development Plans Subdivider shall cause the following matters to be completed as an integral part of the improvements to be installed at Subdivider' s cost: 6. 1 The Erie Coal Creek Ditch shall be fenced on both sides with a six foot chain link fence to be completed before the issuance of any building permits , and shall include two gates at each end located at County Road 3 and County Road 12. -4- 4'<- J09 847 633'79 1730930 /k- is 6.2 The Concrete Ditch Drainage structures as shown on the final plat shall be installed after the 1977 irrigation season and before the beginning of the 1978 season. 6.3 A 200,000 gallon water storage tank, as shown on the final plat, shall be installed before any certificate of occupancy shall be issued. 6.4 All water mains and fire hydrants shall be installed before a certificate of occupancy is issued for a home to be served by said main and hydrant. 6.5 There shall be Piping of the Smith Conklin Lateral , if agreed upon between Park Land and the Smith Conklin Lateral owners . 6. 6 Street(s) shall be paved within a maximum of one year after the issuance of the first certificate of occupancy for a house on that particular street. 6.7 Subdivider will purchase liability insurance in amounts of not less than $500,000 per individual person, $1 ,000,000 per occurence and $50,000 property damage for the Erie Coal Creek Ditch Company. 6.8 It is agreed that the homeowners association will be formed within two weeks after approval of the final plat, and that a representative of the Erie Coal Creek Ditch Company shall be a member of the Board of Directors for a period of two years. In addition, all correspondence between Subdivider and the ditch companies shall be sent to the president of the ditch company. 7. Improvements Guarantee: Subdivider shall furnish to the Board of County Commissioners as Guarantee of compliance with this Agreement, collateral such as , but not limited to, performance or property bonds, private or public escrow agreements, liens on property, deposit of certified funds or other similar surety agreements acceptable to the Board of County Commissioners. The amount of any of the above guarantees shall be set by the Board of County Commissioners and portions of the guarantee may be released upon completion of various portions of the improvements. All or any portion of the guarantee will be released upon completion of the guaranteed improvements according to County -5- n""847 VI 379 r, Wit -13 standards and the terms of the subdivision plans and plats and , in the : case of the streets, upon acceptance of the streets by the County for full maintenance as a part of the County road system. 3. Public Sites and Open Spaces : The Planning Commission and the Board of County Commissioners, upon consideration of vehicular traffic and facilities and the particular type of development proposed in the subdivision, may require the dedication, development and/or reservation of areas or sites of a character, extent and location suitable for pulic use for parks, greenbelts or schools, other than subdivision streets and utility easements designated , in accordance with one of the following alternatives, or as specified in the PUD plan, if any: 8. 1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes . Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 8.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 8.3 In lieu of land, the Board of County Commissioners may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Subdivider. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 9. Successors and Assigns : This Agreement shall be binding upon the -6- '"' ( 7693'79 1'731;3304 11 . Q /„- s i 00 84 Ks i y / heirs, executors , personal representatives, successors and assigns of the Subdivider, and upon recording by the County, shall be deemed a convenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS /WELD1COUNTY , COLORADO " /- r:'�"C'- ;..-- 1 1 r ill - . \ ATTEST: _ , Weld County Clerk and Reorder ' and Clerk to the Board , By: 'Oc.'' - :;.7 1:-...) V'' (77). k _.-J .,::.S Deputy County Clerk APPROVED/ TO FORM: County Attorney SUBDIVIDER: /7 / ,[..,57J 47.-13/1, /(.s /., C . - By: L . c , ' ' -'2- L�/) 'ir1 (title) Subscribed and sworn ton before me this /6 �� day of _,_ ,1977 • My commission expires : 3� /, '7 N ary b 1 i c ' ; :\_ -7- 4 gccl� Bops • • 3f)� 84 s1763�s 1730 x,30 EXHIBIT "A" • / -16-- //-/e Name of Subdivision : Park Land Estates• Filing : N1/2, SS, T1N, R68W . • Location: — ez- Intending to be legally bound , the undersigned Subdivider hereby agrees to ' provide, throughout this subdivision and as shown on the subdivision final • plat dated , 19 , recorded on ' ,' 19 , in Book. , Page No. , Reception No. • , the following • improvements. (Leave spaces blank where they do not apply. ) • . Improvements Unit Cost Estimated -- Cons i,ruc i inn. Cos t Street grading f r $ 0.00/S.Y. $ 42,4•L0.00 Street base varies ( 167 ,811 .00 Street saving 1 varies 132 ,447.00 i Curbs , nutters , and culverts varies 1131 ,281 .00 • Sidewalks • - Storm Sewer facilities I � • Retention ponds Ditch improvements 5.00/L.F. . I3 ,/SO.00 Sub-surface drainage I i Sanl tart'.se.iers - .I Trunk and forced lines i Mains _ ' - Laterals house cone) r bn=slte Sewage facilities j . • 'On-site nater supply and storage 1 1150,700.00 Water mains 191 ,870.00 _— 1 Fire hydrants I 20,80O.00 Fire Survey & street monuments & boxes i 100.00/ea . I 3 300.00 Street lighting I Street name signs & stop signs _I 14 .00/ea. 1 ,400.00 i ' Fencing1eTuiroments ; 6 .00/ea . 51 ,900.00 t 1 Landscaping -1 Park improvements • SLli TOTAL I• Engineering and Supervision Cos Ls 10" •-- - -- -_ .—.. .. . 90181& 00_ .--- _--- (testing , inspection , as-built plans anti work ill add ] Lion Co—pi rel ;minary • and final plat; supervision of actual construction by contractors ) .\ 101 A1. UiTII11\TLU COST or lill'ROVIMITII ; All!) LIII'EItVLIOil ' 9cji; , 197 .00 the 'Wove iuqu'ov(uu'n t!; !,H11 he Cun', t.ruc Led in ,iC' (ii i ii" n w i 1.11 J I I Cuin l y ' 1'C(jllll'l'Ilielits and Sped 17Cit Lions , and conformance l'lltll this pl'nV is ion slid I I be determined solely by Weld County , or its duly authorized agent. • I Slid irnproVemrnts sh.111 be cowl r Led according to the construction schedule se L uuk in Lxh%,4`i't' 'IV' -> / J f — . �i /- CI1 /-- L. ;i../ k, _ We.c J- r/C ;:1-,r r •."t.` SiUlliiLul1'i" oll ;iibiIViii r co: . `1 GI F. w: '.,r.!, ( If Ciil-nfll'il3. lj)ri . I ...I1r suv by Pre!. Huh', ,hill d1 te.. tl"t to by S('rrl'i';lI ' . • •C, '1:- i°°�847 ( - ( 769379 • :3i)9 : I � /r-Ito 1730930 EXIIIBII "U" • Bane of Subdivision : Park Land Estates • Filing: Location: N 1./2 , S . 8 . T - 1 N lz 6e 1p, Intending to be legally bound , the undersigned Subdivider hereby agrees to • construct the improvements shown on the final subdivision plat of Park Land Estates Subdivision, dated • , 19 , • • . Recorded on 19 , in Book _, Page No. , Reception • No. and listed on Exhibit "A" of this Agreement, according to • the following schedule. • • All improvements shall be completed within 3 years from the date of approval of the final plat. . Construction of the improvements listed in Exhibit "A" shall be co:a- pleted as follows : - • (Leave spaces blank where they do not apply..) - . inroverents Time for Completion Street oradin • 36 months • Street base I ,, Street paving 1"llaximnm of 1 n- after fi r ct r•e^ti Ficat Clubs , cutters . and culverts " accupa Sidewaal !:s ' Storm Sewer faci l ties - Retentioll _fonds Ditch improvements* Sub-surface eralnage I — . Sanitary sewers Trunk and foi-ceci lines Mains Laterals -ouse connl • On-site Sewage facilities On-site linter supply aiii storage Before issuance of certificp1e of occt Water mains same Fire hydrants same . • 'Survey ii SLI'CCt monuments i, boxes 36 mos . S tree: l icbting ---' --- 3b 111OS . S 1'eCt name C7 (i115 -Before issuance of bldg . permits Feneinc reruil'e, l:nia. Landscaping 36 mos . Parr: ionrovc__nts — • Slii-IQIIAL- _ J_ --- '°Concrete ditch drainage structures to be completed after 1977 irril incl before the beginning of 197$ season . The Board of County Conical 55 loners , at its option , and upon the request by the Subdivider, may grant an extension of time for completion for any particular • improvement shown above , upon a showing by the Subdivider that the above i sChtr l fill: I'rllrnot. L'i'' IIII k., ., /�. /'/ L,,._ i) 7i) /- '�!. /E. �h;� ' ` , / '.. .'-e 6, r/ /L/ ' I,. / IF. �� , ��)tiler • . , : .r� •, l..i •,, 1 ,: _ sillud mere of Subdivider , . . .. _ . I l . , r ,, I....-t i,- 1J F,,, I','r''. Hunt. iiild it i.l l". Lrrl In by 'C1'uI ary , 1769379 8470 • i ; EXHIBIT "B" Lots 1 and 23 , Block 1; Lots 2 , 3 , 4, 8 , 11, 15 , 16, 24, 48, 49 , Block 2; Lots 1 and 6 , Block 3 ; and Lots 3 and 5, Block 4 , PARK LAND ESTATES according to the recorded plat thereof. 847 • 1769379 EXHIBIT "C" Lots 3, 48 and 49, Block 2; and Lots 1 and 6 , Block 3, PARK LAND ESTATES according to the recorded plat thereof '< y z C 2 n in L ti 1T Q l,H A O H p I 473 i m < O I F. F. O t' n 0 T P• T A T n l" p I VS' O T g O cn n W i 0L. `( O 0 O `tea++ Z 2 2 M 4,1 O z C mp O `fn n A �I m m D y LL:, co A--•C, I . 0CT I1191i ' ?PAT? Recordeda �_ 9380tk M., • Reception No 1r MARY ANN FE��. TEIN Recorder . :1 THIS INDENTURE, Made this day of August ,19 7 8 ,between i t PARKLAND ASSOCIATES , INC. , as Nominee I W ,,, whoseaddressis c/o Doris J. McFeeters, 3953 Fuller Court, Boulder, Colora " County of v part y of the first part,and the Public Trustee of Weld m r in the State of Colorado,party of the second part,Witnesseth: Ce • THAT,WHEREAS,The PARK LAND ESTATES , INC. a r- :> (a ciig m dhich is attached h r ha S executed an Addendum bearing even da e r th,tPlir tK dncipal sum of C r Dollars, \! Two hundred eighty thousand and no/100 payable to the order of an Escrow Account ( z 1 whoseaddressis c/o Kay Norton, 915 10th Street, Greeley, Colorado, 806 (D, after the date hereof,with interest thereon from the date thereo l( t �Th on or before June 30 , 1981i1� at the rate of —0- per cent per annum,payable in accordance with the terms %� and provisions of the Addendum attached he o. I • • 'vet 74et - I ro Po "11.14- 3,Iq�s ',r// "�v--1 ire Pq! ti/ v Co /0 rQ N AND WHEREAS,The said party of the first part is O�tk00Selra roux of securing payment of the principal and interest of said promissory note in whose hands soever the said note ��0/4p,, or any of them may e. NOW, THEREFORE, The said party of the first part, in consideration of thetpremises and for the purpo aforesaid,do es hereby grant, bargain, sell and convey unto the said party of the second part in trust forever,the following described property,situate in the County of Weld ,State of Colorado,to t: Lots 3 , 48 and 49 , vvi a,.s. Block 2 , and O ,_ Lots 1 and 6 , v u=:u Block 3 , a in PARK LAND ESTATES 0 �..D. according to the recorded x ', 4i plat thereof 5 . v o Z CC - Q' adynacaextxxxximmdcomitut i' ,, TO HAVE AND TO HOLD the same,together with all and singular the privileges and appurtenances thereunto belonging:In Trust Nevertheless.That in case of default in the payment of said note or any of them.or any part thereof,or in the payment of the interest thereon,according to the tenor and effec of said note or any of them,or in the payment of any prior encumbrances,principal or interest,if any.or in case default shall be made in or in case of' violation or breach of any of the terms,conditions,covenants or agreements herein contained,the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale,then,upon filing r: notice of such election and demand for sale with the said party of the second part,who shall upon receipt of such notice of election and demand for sale cause a copy i "`2. of the same to be recorded in the recorder's office of the county in which said real estate is situated,it shall and may be lawful for said party of the second part to sell and dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best), and all the right, title and interest?I a'- of said party of the first part, its heirs or assigns therein,at public auction at the proper front door of the Court House,in the County of i °' m - Weld ,State of Colorado,or on said premises,or any part thereof as may be specified in the notice of said sale,for the highest and ) c best price the same will bong in cash, four weeks' public notice having been previously given of the time and place of such sale, by advertisement, weekly,in some newspaper of general circulation at that time published in said county of a copy of which notice shall be mailed Weld t ` within ten days from the date of the first publication thereof to the said party of the first part at the address herein given and to such person or{ ] j L persons appearing to have acquired a subsequent record interest in said real estate at the address given in the recorded instrument;where only the county and state is - given as the address then such notice shall be mailed to the county seat,and to make and give to the purchaser or purchasers of such property at such sale,a: ; certificate or certificates in writing describing such property purchased,and the sum or sums paid therefor,and the time when the purchaser or purchasers(or other , person entitled thereto)shall be entitled to a deed or deeds therefor,unless the same shall be redeemed as is provided by law:and said Public Trustee shall,upon, demand by the person or persons holding the said certificate or certificates of purchase,when said demand is made,or upon demand by the person entitled to a deed' _ to and for the property purchased,at the time such demand is made,the time for redemption having expired,make and execute to such person or persons a deed or l . deeds to the said property purchased,which said deed or deeds shall be in the ordinary form of a conveyance,and shall he signed,acknowledged and delivered by1 the said Public Trustee, as grantor, and shall convey and quit-claim to such person or persons entitled to such deed, as grantee, the said property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the party of the first----- Part, i t s heirs and assigns therein,and shall recite the sum or sums for which the said property was sold and shall refer to the power of sale therein contained,and to the sale or sales made by virtue thereof;and in case of an assignment of such certificate or certificates of purchase,or in case of the redemption of such property,by a subsequent encumbrancer,such assignment or redemption shall also be referred to in such deed or deeds;but the notice of sale need not be set out in such deed or deeds and the said Public Trustee shall,out of the proceeds or avails of such sale,after first paying and retaining all fees. charges and costs of making said sale,pay to the beneficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof,and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at 8 per cent per annum, rendering the overplus, if any, unto the said party of the first part, 1 tSegal representatives or assigns;which sale or sales and said deed or deeds so made shall be a perpetual bar,both in law and equity.against the said part y of the first part, its heirs and assigns,and all other persons claiming the said property.or any part thereof.by. ' from,through or under said party of the first part.or any of them.The holder or holders of said note or notes may purchase said property or any part thereof:and it shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money.If a release deed he required,it is agreed that the part y of the first part, i t s heirs or assigns,will pay the expense thereof. No.341-A.DEED OF TRUST—Public Trustee—Reeelver's Clause—Attorney's Fees. !SV —Bradford Publishing Co_1824-46 Stout Street.Denver.Colorado 157}901 I) -10.77 dam'647 lt7bisciv ,Kr g) And the said party of the first part,for itself and for its heirs,executors and administrators covenant S and agree 5 to and with the said party of the second part,that at the time of the ensealing of and delivery of these presents it is well seized of the said land and tenements in fee simple,and ha S good right,full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims i t may have in or to said lands,tenements,and property as a Homestead Exemption,or other exemption, under and by virtue of any act of the General Assembly of the State of Colorado,now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever. except easements , restrictions, and rules and regulations of record. and the above bargained property in the quiet and peaceable possession of the said party of the second part,his successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will Warrant and Forever Defend. And that during the continuance of said indebtedness or any part thereof,the said party of the first part will in due season pay all taxes and assessments levied on said property;all amounts due on account of principal and interest on prior encumbrances,if any;and will keep all buildings that may at any time be on said lands, insured against loss by fire with extended coverage endorsements in such company or companies as the holder of said note may,from time to time direct,for such sum or sums as such company or companies will insure for,not to exceed the amount of said indebtedness, except at the option of said part yp of the first part,with loss,if any,payable to the beneficiary hereunder,as its interest may appear.and will deliver the policy or policies of insurance to the beneficiary hereunder,as further security fur the indebtedness aforesaid. And in case of the failure of said part y of the first part to thus insure and deliver the policies of insurance,or to pay such taxes or assessments or amounts due or to become due on any prior encumbrances,if any,then the holder of said note .or any of them,may procure such insurance.or pay such taxes or assessments or amount due upon prior encumbrances,if any,and all moneys thus paid,with interest thereon at 8 per centum per annum,shall become so much additional indebtedness,secured by this Deed of Trust,and shall be paid out of the proceeds of the sale of the property aforesaid.if not otherwise paid by said part of the first part and may for such failure declare a violation of this covenant and agreement. AND THAT IN CASE OF ANY DEFAULT,Whereby the right of foreclosure occurs hereunder,the same party of the second part or the holder of said note or certificate of purchase,shall at once become entitled to the possession,use and enjoyment of the property aforesaid,and to the rents,issues and profits thereof,from the accruing of such right and during the pendemcy of foreclosure proceedings and the period of redemption,if any there be;and such possession shall at once be delivered to the said party of the second part or the holder of said note or certificate of purchase on request,and on refusal. the delivery of such possession may be enforced by the said party of the second part or the holder of said note or certificate of purchase by any appropriate civil suit or proceeding,and the said party of the second part,or the holder of said note or certificate of purchase.or any thereof,shall be entitled to a Receiver for said property,and of the rents,issues and profits thereof,after such default,including the time covered by foreclosure proceedings and the period of redemption,if any there be,and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the part p of the first part or of the then owner of said property and without regard to the value thereof,and such Receiver may be appointed by any coot[of competent jurisdiction upon ex pane application and without notice—notice being hereby expressly waived—and all rents,issues and profits,income and revenue therefrom shall he applied by such Receiver to the payment of the indebtedness hereby secured,according to the law and the orders and directions of the court, AND,That in case of default in any of said payments of principal or interest,according to the tenor and effect of said promissory note aforesaid,or any of them,or any part thereof,or of a breach or violation of any of the covenants or agreements herein,by the part of the first part, its executors,administrators or assigns,then and in that case the whole of said principal sum hereby secured,and the interest thereon to the time of the sale,may at once,at the option of the legal holder thereof,become due and payable,and the said property be sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by the Public Trustee, an attorney's fee of the sum of a reasonable amount of dollars for services in the supervision of said foreclosure proceedings shall be allowed bythe Public Trustee as a part of the cost of foreclosure.and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the costs of such foreclosure proceedings. IN WITNESS WHEREOF,The said part y of the first part ha 5 hereunto set i t S hand and seal the day and year first above written. PARKLAND ASSOCIATES , INC. WITNESS: g c BY: [:t eGC c.— fe-l�?E'-6,,_ [SEAL] Doris J. McFeeters , as Secretary [SEAL] h [SEAL] `.`'$ ATE l9F CbLOK(tDO, The foregoing instrument was acknowledged before me this 23rd f 01:S., 7-4-4-c-cunt*of r- c�,Y'JJ'' `. ss, dayofAug. 1978by Doris J. McFeeters, as ©O"' •. ,-) = Secretary for Parkland Associates , Inc. .-. My commission expires February 14',, 1979 C F f.r.` Witness my hand and official seal '77-1— II ,(-� , --1:,c7 ' . _ Notary Public. • k vH b W .--•••—.--•••— v 3 s v F F I 0 I `3 o Cr) l:4 v Q O m i- O �'A in G cot_ WW cc I_ O ^� O S l�1 �i Y r is O ii Ix„ U G Cy V J I\ © O o y ur rl \v`v as a w p h = r' x ,. 1 � a w o z F a !— w W __ F-I v p O ' � e2 d m ,0 7 f .. t :. 0 8 ; u . O -, v • • ...The printed portions of this form approved by the • Colore. Heal E,tate Commission (LC 12-10.46) EXCLUSIVE RIGHT TO SELL LISTING CONTRACT (FARM AND RANCH AND VACANT LAND) Broomfield ,Colorado June 16 197 In considet:ation of the services of the hereinafter named real estate broker, I hereby list with said broker, from June 16 1978 , to August 31 1978 , inclusive, the property described below and I hereby grant said broker the exclusive and irrevocable right to sell the same within said time at the price and on the terms herein stated,or at such other price and terms which may be accepted by me, and to accept deposits thereon and retain same until the closing of,or defeat of,the transaction. I further authorize said broker to list the property with any multiple listing service in which he is a participant,at the broker's expense,and to accept the assistance and cooperation of other brokers. I hereby agree to pay said broker l_%of the selling price for his services(1)in case of any sale or exchange of same within said listing period by the undersigned owner,the said broker,or by any person,or(2)upon the said broker finding a purchaser who is ready,willing and able to complete the purchase as proposed by the owner,or(3)in case of any such sale or exchange of the said property within the 180 days subsequent to the expiration of this agreement to any party with whom the said broker negotiated and whose name was disclosed to the owner by the broker during the listing period. In the event of forfeiture of payments made by a prospective purchaser,the sums received shall be divided between the broker and the owner,one-half thereof to said broker,but not to exceed the commission agreed upon herein,and the balance to the owner. Address: Weld County Vacant Land (Street) (City) Legal Description: Northz of Sec. 8, T 1 N, R 68 W of 6PM, County of Weld, State of Colorado. Price$ As stated per lot Terms: Cash, Block 1: Lot 1 $26500.00 Block 2: Lot 46 $25500.00 Block 4: Lot 3 $23500.00 Lots 2-6 $21500.00 Lot 48 $21500,00 Lot 5 $24500,001 Lot 49 $21500.00 Purchase price to include approximately 6o acres of common ground and a- proportionate undivided interest of a water system. Subject to general taxes and a Tropp ' nno to Share of the Comma!, area maintenance fee _aria any special assessments for year of closing, building and zoning regulations, easements and restrictive covenants of record, and the following I encumbrances: tflaWS of Parkland Homeowners Association, Inc. and restrictive covenants for Park Land Estates of Weld County as held by Park Land Associates, I Inc. I authorize the holder of any note secured by the above listed encumbrances to disclose to the broker the amount owing on said encumbrances and the terms thereof. Price to include the following personal property: none to be conveyed by bill of sale at the time of closing in their present condition,free and clear of all personal property taxes, liens and encumbrances,except: NA The following fixtures of a permanent nature are to be excluded from the sale: N/A In case of sale or exchange I agree to furnish,at my option and expense,an abstract of title to said property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price,showing merchant- able title in the owner. If the title insurance commitment is selected, I agree to deliver the title insurance policy to purchaser after closing and pay the premium thereon. In case of sale or exchange I agree to execute and deliver a good and sufficient 81ereral warranty deed to the purchaser conveying said property free and clear of all taxes,liens,encumbrances and easements,except as listed above. F . • General taxes for 19l. personal property taxes, prepaid rents, water rents and assessments, and interest on encumbrances,if any,and a proportionate sham„_oLcommon...area_maintenance_ fee shall be apportioned to date of delivery of deed except that: no exceptions Possession of premises shall be delivered to purchaser on date of closing subject to the following leases and tenancies: none The owner agrees to refer to the broker all inquiries from other brokers, salesmen and prospective purchasers received during the term of this listing. The owner agrees that the broker shall not be responsible for maintenance of the premises, nor shall the broker be liable for damages of any kind occurring to the premises unless such damage shall be caused by the negligence of the broker. The undersigned owner and broker, by their respective signatures hereon, agree that they will not discriminate against any prospective purchaser because of the race,;reed,color.sex or national origin of such person. Additional Provisions: 1) An escrow agreement shall be attached to and made a part of each purchase agreement, showing the percentage of the purchase price that will be held in escrow by the seller at the time of closing, The agreement shall provide for percentage releases as the various phases of construction, underlined in the agreement are completed. These releases shall go directly to the seller. 2) There shall be no commission due the broker in this agreement if within '5 days from the signing of this agreement, several parties whom the seller has contacted and made their names known to the broker, shall complete a purchase agrjement. yi _ • 6714-1-11- ,223 ',61/421.1-9-1‘42L3 •a-61-"f-e---1.-‘2•‘•"1 This agreement executed in multiple copies and by signature hereon acknowledges that I have received a signed copy. • Accepted .Century 21 All-City Realty, Inc. Park Land Associates, Inc. �7/, Broker ooj�eer By: // (A C�+�t!L� -=-- 7 ��EP.C2��/!�f J� P�I/Ga� t� _ Address sPss G�� dn. yn3o3 Phone F-2%12 .S O • ,EPAit iMIENT0i iuINEERIN( i r I\\ 'el' _w1 ^, f-', n PHONE (3031 356-4000 EXT. 4: / \ P.O. BOX 7: GREELEY, COLORADO 806: -I-:1-''\7- LO WAD® April 11 , 1978 Virginia D. Anderson Parkland Estates, Inc . 3600 South Yosemite Street , Suite 840 Denver, Colorado 80237 Dear Virginia: I have received the revised design for Parkland' s roads by Chen and Associates dated April 4 , 1978. A new section of 2" asphalt , and 7" select base or the alternate, 2" asphalt , 5" select base , and 3" pit run sub base is acceptable. In regard to runway paving , the County has no authority to control paving off of our right-of-way. The ownership and maintenance of the runway is Parkland's. Detention of storm run off from the paved runway will not be required. Sincerely, 1U Drew Scheltinga Civil Engineer • DS :sar • ! • The printed portions of this form approved by the Colorado Real Estate C. le.ien (LC 12.10-06) EXCLUSIVE RIGHT TO SELL LISTING CONTRACT (FARM AND RANCH AND VACANT LAND) Dpnvpr ,Colorado Marrh 2 ,1978 In consideration of the services of the hereinafter named real estate broker, I hereby list with said broker, from March 2, 19 to August 41 - 19.x, inclusive,the property described below and I hereby grant said broker the exclusive and irrevocable right to sell the same within said time at the price and on the terms herein stated,or at such other price and terms which may be accepted by me, and to accept deposits thereon and retain same until the closing of,or defeat of,the transaction. I further authorize said broker to list the property with any multiple listing service in which he is a participant,9Jfthe broker's expense,and to accept the assistance and cooperation of other brokers.I hereby agree to pay said broker. *of the selling price for his services(1)in case of any sale or exchange of same within said listing period by the undersigned owner,the said broker,or by any person,or(2)upon the said broker finding a purchaser who is ready,willing and able to complete the purchase as proposed by the owner,or(3)in case of any such sale or exchange of the said property within the 180 days subsequent to the expiration of this agreement to any party with whom the said broker negotiated and whose name was disclosed to the owner by the broker during the listing period. In the event of forfeiture of payments made by a prospective purchaser,the sums received shall be divided between the broker and the owner,one-half thereof to said broker,but not to exceed the commission agreed upon herein,and the balance to the owner. - Price Legal Description: Lot 16 of Block 1 $19,000.00 Lots 9, 10, 12, 13, 14, 15, 18, 20, 21 , and 22 of Block 1 $21 ,000.00 each Lot 23 of Block 1 $22,000.00 Lot 15 of Block 2 $23,000.00 Lots 2, 3, 4, 10, 11 , 16 and 25 of Block 2,$24,000.00 each no . ti�u- Lot 1 of Block 3 $19,000.00 Lot 6 of Block 3 $19,500.0 Lots located in Park Land Estates Subdivision, according to the recorded plat thereof, County of Weld, State of Colo. Terms: Cash Subject to general taxes and appnrtinnatp sharp of rnmmnn area maintance fee for year of closing, building-and zoning regulations,easements and restrictive covenants of record, and the following encumbrances: ' Bylaws and restrictive covenants of record for Park Land Estates,. Inc . • I authorize the holder of any note secured by the above listed encumbrances to disclose to the broker the amount owing on said encumbrances and the terms thereof. Price to include the following personal property None to be conveyed by bill of sale at the time of closing in their present condition,free and clear of all personal property taxes, liens and encumbrances,except: The following fixtures of a permanent nature are to be excluded from the sale: In case of sale or exchange I agree to furnish,at my option and expense,an abstract of title to said property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price,showing merchant- able title in the owner. If the title insurance commitment is selected, I agree to deliver the title insurance policy to purchaser after closing and pay the premium thereon. General In case of sale or exchange I agree to execute and deliver a good and sufficient warranty deed to the purchaser conveying said property free and clear of all taxes,liens,encumbrances and easements,except as listed above. • No.LC 12.10.76.BaehSM loskt7,NII Wise Cnnlreel Wenn sod Ranch and Veenni Landbarsdfeid Publishing Ca.,Denver,Colo.— 10.70 General taxes for 191B, personal property taxes, prepaid rents, water rents and assessments, and interest on encumbrances,if any,and Common area maintance fee shall be apportioned to date of delivery of deed except that: Date of closing Possession of premises shall be delivered to purchaser on subject to the following leases and tenancies: None The owner agrees to refer to the broker all inquiries from other brokers, salesmen and prospective purchase received during the term of this listing. The owner agrees that the broker shall not be responsible for maintenance of the premises,nor shall the broker be • liable for damages of any kind occurring to the premises unless such damage shall be caused by the negligence of the broker. The undersigned owner and broker, by their respective signatures hereon, agree that they will not discriminate against any prospective purchaser because of the race,creed,color,sex or national origin of such person. Additional Provisions: 1 .) A escrow agreement shall be attached to and made a part of each purchase agreement, showing the percentage of the purchase price that will be held in escrow by the seller at the time of closing, the agreement shall provide for percentage releases as the various phases of construction, underlined in the agreement are completed. These releases shall go directly to the seller,. This agreement executed in multiple copies and by signature hereon acknowledges that I have received a signed copy. Willac Accepted .Y rn Park land FctatPs, Inc • (, Owner re4.r 7 Br , 4/2 /,e, Owner Address L5'9,-3—3 Phone '.. °Vr.e/L .293S� �w . • AGREEMENT THIS AGREEMENT, made and entered into this 6 day of February 197 8 , by and between Parkland Estates, hereinafter called "Owner" and East Slope Constructors. Inc. hereinafter called "Contractor". WITNESSETH: In consideration of the mutual promises and agreements, hereinafter set forth, the parties hereto agree as follows : 1 . The contractor agrees to furnish all labor, material , equipment and services, together with all reasonable incidentals, necessary to properly perform and complete the hereafter described work on the jobsite located at: Park Land Estates The North 1 of Section 8, T. 1 N. , R 68 W. of the 6th P.M. , Weld County, Colorado. Said work shall be performed in accordance with the plans, specifications and General Conditions related to said work which plans and specifications and General Conditions have been prepared by VTN Colorado Inc. , Consulting Engineers, which plans and specifications and General Conditions are in- corporated into this Agreement by reference thereto. 2. The material to be furnished and/or the work to be performed by the Contractor is: Provide all the materials and labor for the complete installation of the storm drainage culverts, inclusive of pre cast manhole, CMP manhole, CMP arch pipe and RCP pipe as shown on the plans and specifications prepared by VTN, Inc. , approved by Weld County and staked by Meurer, Serafini and Meurer, Inc. Work is to be inclusive of excavation and compaction of these items. I. • • 3. Owner agrees to pay as the consideration for said material and work the following prices: 50 L.F. of 72" X 44" CMP Arch f@ $4720/L.F. $ 2,360.00 310 L.F. of 13" X 22" CMP Arch @ $17.00/L.F. 5,270.00 410 L.F. of 18" X 29" CMP Arch @ $22.15/L.F.. 9,081 .50 374 L.F. of 22" X 36" CMP Arch @ $28.55/L.F. 10,677.70 100L.F. 18" RCP @ $11 .48/L.F. 1 ,148.00 310 L.F. 24" RCP @ $16.70/L.F. 5,177.00 1 ea. 6'X6' Pre cast manhole @ $490.00 ea. 490.00 1 ea. 36" X 5' CMP Manhole @ $350.00 ea. 350.00 $34,554.20 4. The Contractor agrees to complete the various stages of perfor- mance promised to it hereunder in'accordance with the progress schedule marked in Red arrow, and by reference made a part hereof. 5. It is agreed no change orders or changes in Contractor's per- formance will occur without the prior written consent of the Owner. 6. Unless modified by the parties by Addendum attached hereto, Owner agrees to pay on or before the 21st day of each and every month during the term of this Agreement for all material and work installed on the jobsite by the last day of the month prior thereto; provided, that a written statement and an application and certification for payment is rendered to Owner showing the amount of work completed on the jobsite by the last day aforesaid, c/o Virginia D. Anderson at 3600 S. Yosemite, Suite 840, Denver, Colorado, 80237, prior to the 1st day of such month in which payment is due. 7. Any payments provided for herein that may become due to the Con- tractor shall be subject to the following conditions: (a) Owner reserves the right to request lien waivers prior to making disbursements and may withhold payment in the event of defective -2- I • • materials and workmanship furnished by Contractor, or if mechanic's liens have been filed. (b) Contractor agrees to pay, when due, all Social Security, state and federal withholding taxes, and Workman's Compensation Insurance premiums on the Contractor's employees. (c) Contractor agrees to pay all sales and/or use taxes levied by federal , state or municipal jurisdictions. (d) Contractor agrees to obtain and pay for all permits and/or licenses that may be required in connection with the performance promised by Contractor hereunder, and same shall be obtained and paid for prior to commencement of any performance by Contractor hereunder. (e) Any damages caused to the jobsite by Contractor, his agents or employees, shall be paid for by Contractor. Contractor further agrees to report to Owner knowledge of any damage discovered on the jobsite during the period of performance hereunder. (f) No material other than that belonging to Contractor is to be removed from the jobsite without approval of Owner's field office first being obtained. (g) Contractor agrees to immediately report to Owner's field office or supervisor any and all accidents that occur on the jobsite during the course of Contractor's performance. (h) Contractor is to furnish his own water on the jobsite if same shall become necessary. (i) Arrangements to work Saturdays, Sundays or holidays must be made at Owner's field office or with Owner's supervisor no later than the Friday preceding same. -3- • • (j) At all times, while performing hereunder, Contractor shall provide on the jobsite proper supervision of such performance. 8. During any and all periods in which Contractor shall be per- forming under the terms of this Agreement, Contractor shall pay the premiums on and keep in full force and effect public liability. and property damage insurance with an insurance company approved by Owner in amounts of $300,000/$500,000/$50,000 property damage, which public liability insurance shall save harmless and indemnify Owner and all third parties against any and all claims arising out of Contractor's performance hereunder. Cer- tificates of Insurance evidencing compliance with the foregoing require- ments shall be delivered to Owner before Contractor commences work on the jobsite. Contractor shall also carry Workman's Compensation Insurance covering its employees (or the equivalent thereof) . 9. Contractor agrees to strictly comply with all State or County codes, if any, covering its performance, and shall faithfully observe the requirements thereof as same relate to Contractor's performance promised hereunder. 10. Contractor's workmanship shall be of good quality, utilizing workmen skilled in their trade. 11 . Contractor expressly warrants unto Owner that: For a period of one (1 ) year next following the date of completion and acceptance by Owner of any work performed by Contractor hereunder, Contractor shall be responsible for the satisfactory repair or replacement of any such work so performed which becomes defective during such one (1 ) year period not- withstanding that such defect(s) may result directly or indirectly from faulty workmanship performed by Contractor or any other person or entity -4- r • performing on behalf of Contractor. If a defect in material and/or workmanship occurs within said one (1 ) year period, Owner, its nominee or assignee shall notify the Contractor of such defect as soon as possible and upon the discovery of same, and upon receipt of such notice, Contractor shall immediately at his expense act to satisfactorily repair and/or replace the defective material and/or workmanship. If other work performed by the Owner or other subcontractors shall fail due to defects in the Contractor's materials and/or workmanship, such failure shall be repaired and/or replaced at the expense of Contractor. The warranty made and given herein by Contractor is in addition to any other warranties that may be available to Owner, its nominees or assignees from a manufacturer or otherwise. 12. As additional conditions, the Contractor agrees to: (a) leave the jobsite free from all debris pertaining to its own work; and, if the Contractor fails to comply with this provision, Owner is granted the right to complete the work aforesaid at the expense of Contractor. (b) Provide a qualified supervisor on the jobsite at all times, while work is in progress. (c) Provide adequate equipment and materials on the jobsite at all times, as not to impair progress which would delay completion date. (d) Furnish his own water to jobsite, water can be removed from existing water wells at contractors expense. -5- r • • 13. Contractor agrees to commence performance hereunder seven days after the date of execution of this Agreement by the parties, and to diligently. prosecute such performance to completion subject only to those delays set forth in paragraph 16. hereof. If Contractor shall fail to perform as stated aforesaid, then Owner shall have the option to either (i ) cancel this Agreement whereupon all of the parties shall be relieved from further obligations to perform hereunder, or (ii ) not cancel this Agreement and employ another party to accomplish the performance promised hereunder by Contractor. If Owner elects to exercise the option titled (ii) , the Contractor agrees to pay to Owner the amount of any excess over all of the prices set forth in paragraph 3. hereof which Owner may have to pay to said other party to obtain performance equivalent to that promised by Contractor herein. Further, if Owner shall exercise the foregoing option titled (ii) to accomplish any of the performance promised by Contractor herein, and thereafter, if Owner shall desire additional performance from Contractor, then Owner shall notify Contractor as aforesaid in this paragraph 13. , whereupon, if Contractor shall again fail to commence performance in the period of time allotted therefor, the foregoing options titled (i ) and (ii) shall likewise again become available to Owner. 14. The parties understand and agree that a Performance Bond may be obtained by Owner to secure Contractor performance hereunder. In such event the premiums therefor shall be paid by Owner and Contractor agrees to fully cooperate with Owner and do all things necessary to assist in obtaining said Performance Bond. • -6- 15. Contractor agrees that it will complete its performance hereunder in such a manner that it will do nothing to interfere with any other trades, crafts, union or non-union labor operating concurrently but independently with Contractor on the jobsite, and further agrees that it will do nothing to affect in any way whatsoever the harmonious relationship existing between Owner, other subcontractors and its or their respective employees. ' 16. If Contractor shall fail to complete by Seven weeks of starting data. all performance promised by Contractor hereunder, and such failure(s) shall not be due to Act of God, inclement weather, strike, lockout or other cause beyond the control of Contractor, then Owner shall be entitled to liquidated damage of $25.00 per day for each day after seven week period that Contractor fails to complete performance as aforesaid. Provided, further, Contractor shall have the right to cease performance hereunder at any time Owner fails to make payment to Contractor for work "in place" pursuant to paragraph 6. hereof. 17. Contractor shall not have the right to assign its burden of performance hereunder without the prior written consent of Owner first being had and obtained, but Owner shall have the right to assign its benefits hereunder (including without limitation its right to the benefit of the prices enumerated pursuant to paragraph 3. hereof) without the prior written consent of Contractor first being had and obtained. 18. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and legally appomted representatives of the parties hereto. .r . _7- • r . • 19. Any notices required to be given hereunder shall be given in writing, and shall be conclusively deemed received, if deposited in the United States mails with postage prepaid thereon, return receipt requested and addressed to: Owner: Parkland Estates, Inc. c/o Virginia D. Anderson 3600 S. Yosemite St. , Suite 840 Denver, Colorado 80237 20. ADDITIONAL PROVISIONS: (a) 10% Retainage will be with held from each payment and will be released within 30 days of final written acceptance by Weld County of drainage culverts and manholes. (b) Contractor will pay for the replacement of all stakes and control points lost through his neglect at the hourly rate charged by Meurer, Serafini and Meurer, Inc. for their replacement. (c) Compacted back-fill is to be completed around all structures. • -8- • • IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. East Slope Constructors, Inc. BY . ,.1-9 � } e PARKLAND ESTATES, INC, By Aeats_ �47e Agent far Parkland Estates, Inc. -9- • • • gaol Spe can 77, liox�y, grit. 1 . :p, )/L, Brighton, Colorado 80601 659-1794 t;SU-1/94 September 19, 1977 • Ms Ginny Anderson Park Land Estates Re: Earth work and storm drainage bids for Park Land Estates Ginny, As per your request : #1 Total site cut 83 , 000 yds . @ . 58 = $48, 140. 00 This figure includes all site cuts and fills and waste compacted to spec , as per drawing dated 8/1/75 , Job #LA-1507-A-001-A, and revised per County Engineer 3/2/76 by VTN Engineers . Not Included ; The subgrade work for asphalt paving . #2 SITE STORM DRAINAGE UNIT QUANTITY UNIT PRICE AMOUNT 72'x44" CMP Arch L . F . ' 504' $ 47 . 20 $ 2 , 360 . 00 13"x22" " " 310 ' x- 17 . 00 5 , 270 . 00 10"X29" u u u 4iO ' " ` : 1b 9 , l)t11 . Fi) 22"x36" " " " 374 '‘'' 28. 55 10 , 677 . 70 18" RCP " 100 ' 11 . 48 1 , 148 . 00 24" " " 310 ' 16 . 70 5 , 177 . 00 6 ' x6 ' Pre Cast Manhole 490 . 00 490 . 00 36"x5 ' CMP Manhole 1 . 350 . 00 350 . 00 1c5 `f TOTAL $34 , 554 . 20 Included; Only items listed. Sincerely , EASTSLOPE CONST-RgUCTQRS , NC . I I I IIII -"Q.11tj ..tf'U� ifII! , ' P , J_ (( l • • Donald C . Anshuti, President AGREEMENT THIS AGREEMENT, made and entered into this 30 day of January 19 ' 78 , by and between Parkland Estates , hereinafter called "Owner" and American Steel and Iron Wnrkc hereinafter reinafter called "Contractor". inc. WITNESSETH: In consideration of the mutual promises and agreements, hereinafter set forth, the parties hereto agree as follows: 1 . The contractor agrees to furnish all labor, material , equipment and services, together with all reasonable incidentals, necessary to properly perform and complete the hereafter described work on the jobsite located at: Park Land Estates The North xi of Section 8, T. 1 N. , R 68 W. of the 6th P.M. , Weld County, Colorado. Said work shall be performed in accordance with the plans, specifications and General Conditions related to said work which plans and specifications and General Conditions have been prepared by VTN Colorado Inc. , Consulting Engineers, which plans and specifications and General Conditions are in- corporated into this Agreement by reference thereto. 2. The material to be furnished and/or the work to be performed by the Contractor is: The work to be performed under this specification consists of the construction of a welded steel water storage reservoir, foundations, piping, and other appurtenances as shown on the Construction Plans. MATERIALS: (a) . RESERVOIR: The reservoir shall be of welded steel construction in accordance with all applicable requirements of the "AWWA Standard for Steel Tanks, Standpipes, reservoirs, and elevated tanks for Water Storage" specifications as jointly adopted by • the American Water Works Association and the American Welding Society, in its latest amended forms, except as hereinafter provided and applicable requiremnts of the State of Colorado, Department of Public Health. The structure shall be designed to withstand safely the following loads and forces acting • separately or in combination: (1 ). Weight of the Structure (2). Weight of Water in the Reservoir (3). Stresses incurred by a wind blowing at a rate of 100 miles per hour from any direction The reservoir shall be of the capacity and dimensions shown on the construction plans, and shall be capable of storing 200,000 gallons of water. The reservoir shall be provided with a water tight roof. The junction of the shall and roof shall be a butt-welded knuckle with a minumum radius of 3'0" to provide a smooth transition between the shall and roof plates. The minimum knuckle plate thickness shall be the same as the top shell ring. The reservoir shall have lap welded 4" bottom plates. Except as hereinafter provided, the reservoir accessories shall be of the kind and construction specified in Section 6 of the governing Standard Specifications noted above: (1 ). An outside ladder with safety cage shall be provided. The safety cage shall have a cover made of steel bars provided with hinges and a hasp for locking. (2). A standard 24" diameter manhole shall be provided in the reservoir shell , approximately 3' about the bottom. A roof hatch, approximately 24" in diameter, shall be provided with a rain-proof cover. (3). A 6" diameter overflow pipe shall be provided with a concrete splash pad per revision provided by Meurer, Serafini & Meurer, Inc. dated 12-1-77. (4). A vent shall be provided at the apex of the reservoir roof. The vent shall be of adequate size to safely vent the reservoir during periods of maximum pumping and withdrawal , without using the overflow pipe as a vent. (5). A 6" inlet connection and an 8" outlet connection shall be provided in the reservoir bottom per revision provided by Meurer, Searafini & Meurer, Inc. dated 12-1-77. -2- r (6). Roof vent with 24 mesh non-corrodiable screen cloth over opening. (7). 6" diameter drain pipe, gate valve, valve box and cover. (8). Manholes and access ladder to be lockable with heavy hasp and staple and 1 3/4" No. 1 M K Master padlock all with same keying. (b) FOUNDATIONS: The reservoir foundation shall be of reinforced Class A concrete ringwall construction with a 6" sand cushion. The foundation shall be constructed to the lines, grades and dimensions as shown on the construction plans. Foundation revisions submitted by Meurer, Searafini & Meurer, Inc. , dated 12-1-77, superceed VTN, Inc. plans and specifications and are to be incorporated and become part of this contract. CONSTRUCTION METHODS: (a) SITE GRADING: The reservoir site shall be graded in accordance with the finish contours shown on the construction plans. All excavation backfills under or adjacent to the reservoir shall be thoroughly compacted to the satisfaction of the Engineer before erection of the reservoir is begun. (b) PAINTING: Painting of the reservoir shall be in accor dance with AWWA Spec. "D102-62T - Tentative AWWA Standard for Painting and Repainting Steel Tanks , Standpipes, Reservoirs, and Elevated Tanks for Water Storage" as follows: (1 ). Outside: The outside of the reservoir shall be painted in accordance with AWWA D102 latest edition,"Outside Paint System No. 1 ", three coat system, with alternative finish No. 3, white on all surfaces except underside of flat bottom plates resting on grade. (2). Inside: The inside of the reservoir shall be painted in accordance with "AWWA D102, latest edition, Inside Paint Systems No. 2" , four coat system. (3). All exposed piping and metal appurtenances shall be field painted in the same manner and color as the outside of the reservoir. (4) All exposed concrete surfaces to be given one primer coat of Inertol Primer undercoater No. 623 and two finish coats of Inertol Standard of a color to be chosen by the Engineer. (c) PAINTING WATER STORAGE TANK: After painting of the storage reservoir is completed, the Contractor shall paint on the reservoirtop the words, Park Land Estates as shown on construction plans. -3- • The letters shall be painted in a blue color. There shall be no additional compensation for this work, but it will be considered incidental to the construction of the water storage reservoir. (d). SHOP DRAWINGS: The Contractor shall furnish six (6) sets of suitable shop drawings of the reservoir showing details of design, fabrication, • and construction and shall not start construction of the reservoir until the shop drawings have been approved in writing by the Engineer. (e). INSPECTION AND TESTING: (1 ). Welding must be done by operators who have been qualifed within the previous year, in accordance with the require- ments of the American Welding Society. Records of these qualification tests shall be available to the Engineer. The work at all times shall be open to the Engineer or its representative. (2). Inspection of all field welded butt joints shall be inspected by the trepanning method as outlined in Section 11 of the American Water Works Association Standard Specifications. The test specimens shall be made available for inspection by the Engineer or its representative. (3). Upon completion of erecting and painting the tank, it shall be filled with water furnished at the tank site by the Owner at proper pressure to fill the tank to the maxiumum working water level . Any leaks or other defects which aredisclosed in this test shall be repaired by the Contractor. (f) DISINFECTION: The reservoir and connections to the water distribu- tion system shall be thoroughly disinfected with a hypochloride or chlorine solution before being placed in operation. The amount of disinfectant applied shall be such as to provide a dosage of not less than 50 p.p.m. and shall be applied by spray or swab and allowed to react full strength for a period of 24 hours. -4- S 3. Owner agrees to pay as the consideration for said material and work the following prices: Per Exhibit "A" attached and made a part hereof. Bid Item #1 - Foundation $12,726.00 Bid Item #2 - Storage tank & Accessories $35,714.00 Bid Item #4 - Painting $8.208.00 Bid Item #5 - Site Grading $560.00 4. The Contractor agrees to complete the various stages of perfor- mance promised to it hereunder in accordance with the progress schedule set kam X�� X ��XXk Land aand'bynreference made a part hereof. 5. It is agreed no change orders or changes in Contractor's per- formance will occur without the prior written consent of the Owner. 6. Unless modified by the parties by Addendum attached hereto, Owner agrees to pay on or before the 21stday of each and every month during the term of this Agreement for all material and work installed on the jobsite by the last day of the month prior thereto; provided, that •a written statement and an application and certification for payment is rendered to Owner showing the amount of work completed on the jobsite by the last day aforesaid, c/o Virginia D. Anderson at 3600 5. Yosemite, Suite 840, Denver, Colorado, 80237, prior to the 1st day of such month in which payment is due. 7. Any payments provided for herein that may become due to the Con- tractor shall be subject to the following conditions: (a) Owner reserves the right to request lien waivers prior to making disbursements and may withhold payment in the event of defective ,a5- • • • materials and workmanship furnished by Contractor, or if mechanic's liens have been filed. (b) Contractor agrees to pay, when due, all Social Security, state and federal withholding taxes, and Workman's Compensation Insurance premiums on the Contractor's employees. (c) Contractor agrees to pay all sales and/or use taxes levied by federal , state or municipal jurisdictions. (d) Contractor agrees to obtain and pay for all permits and/or licenses that may be required in connection with the performance promised by Contractor hereunder, and same shall be obtained and paid for prior to commencement of any performance by Contractor hereunder. (e) Any damages caused to the jobsite by Contractor, his agents or employees, shall be paid for by Contractor. Contractor further agrees to report to Owner knowledge of any damage discovered on the jobsite during the period of performance hereunder. (f) No material other than that belonging to Contractor is to be removed from the jobsite without approval of Owner's field office first being obtained. (g) Contractor agrees to immediately report to Owner's field office or supervisor any and all accidents that occur on the jobsite during the course of Contractor's performance. (h) Contractor is to furnish his own water on the jobsite if same shall become necessary. (i) Arrangements to work Saturdays, Sundays or holidays must be made at Owner's field office or with Owner's supervisor no later than the Friday preceding same. • (j) At all times , while performing hereunder, Contractor shall provide on the jobsite proper supervision of such performance. 8. During any and all periods in which Contractor shall be per- forming under the terms of this Agreement, Contractor shall pay the premiums on and keep in full force and effect public liability and property damage insurance with an insurance company approved by Owner in amounts of $300,000/$500,000/$50,000 property damage, which public liability insurance shall save harmless and indemnify Owner and all third parties against any and all claims arising out of Contractor's performance hereunder. Cer- tificates of Insurance evidencing compliance with the foregoing require- ments shall be delivered to Owner before Contractor commences work on the jobsite. Contractor shall also carry Workman's Compensation Insurance covering its employees (or the equivalent thereof) .. 9. Contractor agrees to strictly comply with all State or County codes, if any, covering its performance, and shall faithfully observe the requirements thereof as same relate to Contractor's performance promised hereunder. 10. Contractor's workmanship shall be of good quality, utilizing workmen skilled in their trade. 11 . Contractor expressly warrants unto Owner that: For a period of one (1 ) year next following the date of completion and acceptance by Owner of any work performed by Contractor hereunder, Contractor shall be responsible for the satisfactory repair or replacement of any such work so performed which becomes defective during such one (1 ) year period not- withstanding that such defect(s) may result directly or indirectly from faulty workmanship performed by Contractor or any other person or entity -7- • • performing on behalf of Contractor. If a defect in material and/or workmanship occurs within said one (1 ) year period, Owner, its nominee or assignee shall notify the Contractor of such defect as soon as possible and upon the discovery of same, and upon receipt of such notice, Contractor shall immediately at his expense act to satisfactorily repair and/or replace the defective material and/or workmanship. If other work performed by the Owner or other subcontractors shall fail due to defects in the Contractor's materials and/or workmanship, such failure shall be repaired and/or replaced at the expense of Contractor. The warranty made and given herein by Contractor is in addition to any other warranties that may be available to Owner, its nominees or assignees from a manufacturer or otherwise. 12. As additional conditions, the Contractor agrees to: (a) leave the jobsite free from all debris pertaining to its own work; and, if the Contractor fails to comply with this provision, Owner is granted the right to complete the work aforesaid at the expense of Contractor. (b) Provide a qualified supervior on the jobsite at all times while work is in process. (c) Provide adequate equipment on the jobiste at all times as not to impair progress which would delay completion date. (d) guaranty - The Contractor must guarantee for a period of one year the structure he furnishes under these specifications to the extent that he will repair any defects due to faulty design, workmanship, or materials, which may appear in the structure during that period. -8- 13. Contractor agrees to commence performance hereunder seven days after receipt from Park Land Estates, Inc. of written notice to proceed, and to diligently prosecute such performance to completion subject only to those delays set forth in paragraph 16, hereof. If Contractor shall fail to perform as stated aforesaid, then Owner shall have the option to either (i ) cancel this Agreement whereupon all of the parties shall be relieved from further obligations to perform hereunder, or (ii ) not cancel this Agreement and employ another party to accomplish the performance promised hereunder by Contractor. If Owner elects to excercise the option title (ii ) , the Contractor agrees to pay to the Owner the amount of any excess over all of the prices set forth in paragraph 3, hereof which Owner may have to pay to said other party to obtain performance equivalent to that promised by Contractor herein. Further, if Owner shall exercise the foregoing option titled (ii) to accomplish any of the performance promised by Contractor herein, and thereafter, if Owner shall desire additional performance from Contractor, then Owner shall notify Contractor as aforesaid in this paragraph 13. , whereupon, if Contractor shall again fail to commence performance in the period of time allotted therfore, the foregoing options titled (i) and (ii ) shall likewise again become available to Owner. 14. The parties understand and agree that a Performance Bond may be obtained by Owner to secure Contractor performance hereunder. In such event the premiums therefor shall be, paid by Owner and Contractor agrees to fully cooperate with Owner and do all things necessary to assist in obtaining said Performance Bond. -9- • • 15. Contractor agrees that it will complete its performance hereunder in such a manner that it will do nothing to interfere with any other trades, crafts, union or non-union labor operating concurrently but independently with Contractor on the jobsite, and further agrees that it will do nothing to affect in any way whatsoever the harmonious relationship existing between Owner, other subcontractors and its or their respective employees. 16. If Contractor shall fail to complete within 18 weeks, all performance promised by Contractor hereunder, and such failure(s) shall not be due to Act of God, inclement weather, strike, lockout or other cause beyond the control of Contractor, the Owner shall be entitled to liquidated damange of $25.00 per day for each day after 18 weeks following written notice to proceed, that Contractor fails to complete performance as aforesaid. Provided, further, that Contractor shall have the right to cease performance hereunder at any time Owner fails to make payment to Contractor for work "in place" pursuant to paragraph 6. hereof. Provided, also Contractor shall only order its materials following receipt of written notice from Owner, that Owner has the total funds needed for full payment of this amount in paragraph 3. of this Agreement. Any materials ordered by Contractor prior to receiving such notice are Contractor's sole responsibility, and Owner shall have no responsibility for the payment for such materials unless and until Owner advises Contractor of ability to pay as aforesaid. 17. Contractor shall not have the right to assign its burden of performance hereunder without the prior written consent of Owner first being had and obtained, but Owner shall have the right to assign its benefits hereunder -10- • (including without limitation its right to the benefit of the prices enumerated pursuant to paragraph 3. , hereof) without the prior written consent of Contractor first being had and obtained. 18. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and legally appointed representatives of the parties hereto. 19. Any notices required to be given hereunder shall be given in writing, and shall be conclusively deemed received, if deposited in the United States mails with postage prepaid thereon, return receipt requested and addressed to: Owner: Parkland Estates, Inc. c/o Virginia D. Anderson 3600 S. Yosemite St. , Suite 840 Denver, Colorado 80237 20. ADDITIONAL PROVISIONS: 1 ). All Compacted back fill must be placed in compliance with plans and specifications. 2). 10% Retainage will be withheld from each payment and will be released within 30 days of final acceptance in writing. 3). Contractor will pay for the replacement of all stakes and control points lost through his neglect at the hourly rate charged by Meurer, Serafini and Meurer, Inc. for their replacement. • -11- • IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. • By/ PARKLAND ESTATES, INC, By�� Agent r Parkland Estates, Inc. • • 12_ 0 S �'qIi €�° , ii fir" lnu�rr�n '. r :� tl ft ,* ��T' �, s � , r � � l� 1 ' i Irk l ;1O) �..:'�� al ��d nu.; � : 1 M -.).L J� 7 Lit L �Lrl ��1:Al'Lt l+,l � ��i i Ill � � �'',. 141.L _ a • DENVER, COLORADO ....a,......, .. .. --1 !r(_.� 1i a..a......,.+,............_s.v......�......ic:..rwru .cw. ..W....,. .....w...�.. _.. ......r...J 4245 FOX STREET O 80216 • (303) 433-6333 To: Park Land Estates Date 12-12-77 3600 S. Yosemite St. , Suite 840 Subject 200,000 gallon Reservoir Denver, Colorado 80237 g Attention: Virginia D. Anderson Dwg. No. Addendum No. Bid Opening Date Gentlemen: Specification We are pleased to quote on the following: 1 p Water Storage Reservoir Quantity Descrition Size: Dia. 38' -3" Length 241 -0" High Capacity 200,000 gallons Code AWWA D-100 Pressure Atmospheric Supports Foundation included 1/4" Head Thickness B0TT0M_1/Y' ,y TOP 3/16" Shell Thickness (k .,,) `�`' g 61600# Manhole 2 - in shell, 2 - roof hatches ` Est. Weight Fittings 6" Drain line, 6" inlet, 8" outlet, all hot>dip galvanized , extend 5 ft. outside of tank, 6" valve included in drain line, 6" overflow c>1... 12" Roof vent. with flap gate to ground ot'ol only. Paint: Interior A.W.W.A. System #4 N A.W.W.A. System:,)#1, includes lettering Exterior l Miscellaneous Spray sterilizing included t\ ‘il Bid Item 1`=,2 Foundation $12,726.00. Bid Item 2 - Storage Tank-,an.d Accessories $35,714.00. Bid Item 4 - Paintinr? $8,20 .0( Bid Item 5 - Site Grading $560.00 Delivery Negotiate at time of order F.O.B. Point Erected Jobsite Price See above Taxes 3% Colo. tax on material includ' Terms: 90% of material and labor on All prices are firm for 30 days. jobsite, payable on monthly estimates. Balance due on acceptance not to AMERICAN-STEELAND IRON WORKS, INC. exceed 30 days after. completion. (1:),),1 ,; BYt1 Donald C. Neithercut, Pres . (Sir Remise side fur rnnrli/lnvsI ._._. ! • • d _ // NI D • -'\\__)--)-,---4 • 1-, 5%20 a 4 . 4 %20 4� /? U 14 '/2_U ( .4U . ' 1 1•1 / ..D1 (� 1/2 .✓. 12u 1 N.L. 1 m •nt . L • 5)-7 I I p _ `mo t _ ., . k .4u . • 4I/201 F _4�,2U� lu �-__ 41/20 _I , , 4'/20,1 • D , . 6 0 . I V \_ I • . .. 121/2U3u 3u • 5u ,� • I, 441/2Q.._• � y4%2u r_4,121* y4U D 'D I4%2U _ M L 5U �-I 5U .• t 4%20 I • • 7 3u 3u , 1u • [ _ 5u I lu 5u �1 5 %2 u - , c%2u � I_� • . • ' "• . ' u . LETTERING DETAILS FOR W4TER 570846E 7Z KK ,..:0. ,507-0OZ.. PAZ< LAND E 7A i�6 Hello