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Home My WebLink About20182405.tiffo BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements Agreement for: Eagle View Farms -- PF-1090 • DEPARTMENT: Public Works DATE: 7/10/2018 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Charles Keirnes, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the residential subdivision (PF- 1090). 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. The Department of Public Works received a request from the applicant, Charles Keimes, requesting that the Board of County Commissioners consider accepting on -site collateral in the form of a bond (Merchants Bonding Company) in the amount of $1,823,429.73, for the above -mentioned Improvements Agreement. What options exist for the Board? I. 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 PF-1090 and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair Approve Schedule as Regular. Recommendation BOCC Hearing Item Other/Comments: e- 014)#-.6-& CA)) 2018-2405 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Eagle View Farms, LLC — PF-1090 THIS AGREEMENT is made this A./ day o , 2018, by and between Eagle View Farms, LLC, a limited liability company organized under he la of the State of Colorado, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: NE 1/4 of Section 23, Township 6 North, Range 66, West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of PF-1090 for 24 lots on 63.34 acres, and WHEREAS, Property Owner acknowledges that the final approval of PF-1090 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 �" �N PF-1090 until said improvements have been completed and accepted by County, and 01~ � � mw WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code -..j*- Sec. 24-3-80, 24-4-70, and 27-8-60, if no construction has begun or no use established within three (3) ff .N years of the date of the approval of the final plan or plat, the Board of County Commissioners may require N -o the Property Owner to appear before it and present evidence substantiating that the development has not ,..,,,,D, a r„ 3 34 been abandoned, and that the Property Owner has the willingness and ability to continue development, and g � A,... WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site aID o � (if applicable) and all off -site improvements required by this Agreement when the Board of County ��, Commissioners approves this Agreement. GiVTE• a NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants o contained herein, the parties hereto promise, covenant and agree as follows: 7 PART 1: SITE SPECIFIC PROVISIONS Page 1 of 10 2O/1c2Z c7p A. Off -Site Improvements: The Property Owner shall be financially 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. 1.0 Costs associated with the design, right-of-way acquisition, and construction of a left turn lane on County Road 35 at the intersection of Highway 392 have been submitted with this agreement. The developer shall pay to the County (9%) $41,400.85. Payment is due within 30 days of mutual execution of this agreement. If the payment of $41,400.85 is not received within 30 days of mutual execution of this agreement, the County reserves the right to call on the bond that has been provided with this agreement. The Property Owner shall have no further financial obligation related to the left turn lane. 2.0 Property Owner shall dedicate 40 feet of ROW on the west side of CR 35 current ROW (Totaling 70 ft. of ROW west of the centerline), starting at the north end at the southern boundary of the State Highway 392 ROW, for approximately 500 feet to the south, for a total approximate area of .46 acres. Property Owner shall cause the ROW to be dedicated in a form approved by the County, which shall include a survey. The ROW shall be dedicated by December 31st, 2018. B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of PF-1090. 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. A bond in the amount of $1,823,429.73 has been provided to the County for on -site improvements as outlined in this agreement. 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 Page 2 of 10 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 request to be placed on the BOCC agenda. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans shall be submitted once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. PART 2: GENERAL PROVISIONS A. Engineering and Construction Requirements: =-73 -.N rn� oNJ T - m N mc,,-0JN y DO w ▪ o �l t . a ThDM O ME - o ✓ ▪ n 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 excluding the WCR35 left turn lane, pursuant to paragraph A.1.0 above 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 Page 3 of 10 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. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of certain on -site and all off -site improvements as applicable, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period; and (3) Road Maintenance Collateral is required to be kept in place for the life of the permit/project. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of certain on -site and all required off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It 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. 1.3 Road Maintenance Collateral shall be submitted and held by County for the life of the development. Road Maintenance Collateral is $3,600 for developments with paved designated Page 4 of 10 travel routes, and $2,400 for developments with unpaved designated travel routes. The Road Maintenance Collateral may be accessed by County if, following notification to Property Owner of required roadway safety related repairs or maintenance (including dust control), Property Owner fails to perform said repairs within the time allowed in County's notification. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. If no Project Collateral is required to be submitted, Road Maintenance Collateral shall be submitted at the time of execution of this Agreement. 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. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral, or may be submitted separately by Property Owner. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 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. Page 5 of 10 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 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 Page 6 of 10 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 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 Page 7 of 10 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. 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. Page 8 of 10 5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 9.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 12.0 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. 4421073 Pages: 9 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •ii INFAMlNK IA4CINIIJI1uI I Ii iI III Page 9 of 10 PROPERTY 0 B Name: d Title: LESSEE (IF APPLICABLE): By: Name: Title: STATE OF COLORADO County of Weld a e Date ss. The foregoing instrument was acknowledged before me this day o 201 'J, by C c` ) C' WITNESS my hand and ff cial• JESSICA LUTZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084026752 MY COMMISSION EXPIRES AUG 15, 2020 WELD COUNTY: ATTES ddZ' f ;ti Weld o n Clerk to the i oard B Deputy gj erk to the 4421073 Pages: 10 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1III Plat R HIviiki wrKaM II BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /Cy"/ Lk. eve Moreno, Chair JUL 2 5 2018 Page 10 of 10 o2o/b' ai/o EXHIBIT A 780 East Garden Drive, Windsor, CO 80550 Phone: (9 70) 674-0440 Fax: (9 70) 6 74-044 3 QUOTATION To: Eagle View Farms LLC Brad Keirnes; Keirnes Companies, LLP From: Greg Hughes; GLH Construction, Inc Justin Marshall; GLH Construction, Inc Blake Bell; GLH Construction, Inc Date: 11/14/2017 Re: Eagle View Farms Weld County, Colorado Preliminary Construction Plans Dated: May 25, 2006 (Latest Revision: October 31, 2006); Civil Design Engineer: North Star Design, Inc.; Weld County Approval (N/A) We offer for your consideration the following quotation, which if accepted shall constitute a binding contract between GLH Construction, Inc. and the party or parties named above. ITEM UNIT QUANTITY UNIT COST :. - EXTENDED 1) Earthwork Mobilization LS 1.0 $5,510.16 $5,510.16 Clearing & Grubbing LS 1.0 $7,753.52 $7,753.52 Strip Topsoil 4" Depth CY 46,913.0 $1.79 $83,925.00 Excavation to Fill CY 121,789.0 $2.12 $258,171.00 Traffic Control (CDOT & WCR # 35) Month 3.0 $2,073.60 $6,220.80 Overlot Clean Up SY 136,045.0 $0.19 $26,046.00 Earthwork Survey LS 1.0 $11,612.70 $11,612.70 Subtotal: $399,239.18 2) Potable Water Tie Into Existing EA 2.0 $1,966.88 $3,933.76 12" PVC Water Line C-900 with Chip Bedding LF 420.0 $42.88 $18,009.60 8" PVC Water Line C-900 with Chip Bedding LF 2,660.0 $31.18 $82,938.80 6" PVC Water Line C-900 with Chip Bedding LF 400.0 $22.48 $8,992.00 Fire Hydrant Assembly EA 7.0 $5,538.40 $38,768.80 12" Solid Sleeve EA 1.0 $309.80 $309.80 12" x 8" Tee EA 1.0 $575.95 $575.95 12" Gate Valve & Box EA 1.0 - $2,185.00 $2,185.00 8" x 6" Tee EA 1.0 $359.25 $359.25 6" 22.50° Bend EA 1.0 $199.25 $199.25 8" x 6" SEMJ Reducer EA 1.0 $175.60 $175.60 8" Gate Valve & Box EA 7.0 $1,275.00 $8,925.00 8" Tee EA 2.0 $458.78 $917.56 8" 11.25° Bend EA 1.0 $232.25 $232.25 8" 22.5° Bend EA 1.0 $232.25 $232.25 8" 45.00° Bend EA 2.0 $259.60 $519.20 6" x 6" Tee EA 1.0 $269.65 $269.65 6" Solid Sleeve EA 1.0 $174.50 $174.50 8" DIP Megalugs & Acc Sets EA 1.0 $74.60 $74.60 6" Gate Valve & Box EA 2.0 $895.50 $1,791.00 8" PVC Megalugs & Acc Sets EA 29.0 $81.21 $2,355.09 4421073 Pages: 11 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Ikrj117 Puiii il411/21.101tAi4 hLR1ilLiklif kikWi, 1I III age 1 of 5 Estimate For Bond 2-12-2017 6" PVC Megalugs & Acc Sets EA 14.0 $68.01 $952.14 12" PVC Megalugs & Acc Sets EA 7.0 $125.21 $876.47 12" Cap with 2.0" Tap EA 1.0 $265.80 $265.80 2.0" Blowoff EA 1.0 $1,173.80 $1,173.80 1.0" Water Services (No Meter, No Meter Pit) EA 24.0 $975.56 $23,413.44 Asphalt Removal LS 1.0 $1,139.50 $1,139.50 Flow Fill (If Needed) CY 38.0 $100.75 $3,828.50 Asphalt Patch SY 36.0 $111.74 $4,022.64 Traffic Control DAY 5.0 $629.20 $3,146.00 Subtotal: $210,757.20 3) Storm Sewer Storm - 1 24" RCP Class 3 LF 112.0 $61.11 $6,844.32 24" RCP FES EA 1.0 $982.70 $982.70 Water Quality Outlet Structure @ Pond EA 1.0 $13,240.85 $13,240.85 Type "M" RipRap - Buried CY 22.2 $219.90 $4,886.18 Clay Cutoff Wall @ Outlet Pipe EA 1.0 $620.00 $620.00 Pump Seep Water Around RipRap Installation LS 1.0 $3,304.38 $3,304.38 Storm - 1 Subtotal: $29,878.43 Storm - 2 42" RCP Class 3 LF 56.0 $118.37 $6,628.72 42" RCP FES (1 trashrack) EA 2.0 $2,061.80 $4,123.60 Type "L" RipRap - Buried CY 14.5 $165.37 $2,401.17 Storm - 2 Subtotal: $13,153.49 Storm - 3 36" RCP Class 3 LF 160.0 $99.14 $15,862.40 36" RCP FES (1 trashrack) EA 2.0 $1,862.15 $3,724.30 Type "L" RipRap - Buried CY 10.7 $123.55 $1,318.28 Storm - 3 Subtotal: $20,904.98 Storm - 4 24" RCP Class 3 LF 16.0 $72.09 $1,153.44 24" RCP FES (1 trashrack) EA 2.0 $1,250.55 $2,501.10 Type "L" RipRap - Buried CY 4.7 $145.35 $688.96 Storm - 4 Subtotal: $4,343.50 Storm - 5 30" RCP Class 3 LF 32.0 $72.67 $2,325.44 30" RCP FES (1 trashrack) EA 2.0 $1,529.40 $3,058.80 Type "L" RipRap - Buried CY 7.4 $142.73 $1,057.63 Storm - 5 Subtotal: $6,441.87 Storm - 6 36" RCP Class 3 LF 176.0 $98.43 $17,323.68 36" RCP FES (1 trashrack) EA 2.0 $1,862.15 $3,724.30 Type "L" RipRap - Buried CY 10.7 $123.55 $1,318.28 Storm - 6 Subtotal: $22,366.26 Storm - 7 30" RCP Class 3 (In lieu of 27" RCP) LF 16.0 $86.15 $1,378.40 30" RCP FES - to replace 27" (1 trashrack) EA 2.0 $1,529.40 $3,058.80 Type "L" RipRap - Buried CY 6.0 $131.63 $789.78 Storm - 7 Subtotal: $5,226.98 Storm - 8 4421073 Pages: 12 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■ ii N��'!� W�rtM i��IWu�. J�r�'iii�il�rl ' �L'&i ' � 14 111 II 1 age 2 of 5 Estimate For Bond 2-12-2017 24" x 38" ERCP Class 3 LF 112.0 $110.21 $12,343.52 24" x 38" ERCP FES (2 trashracks) EA 4.0 $1,782.40 $7,129.60 Type "L" RipRap - Buried CY 12.6 $135.35 $1,704.06 Storm - 8 Subtotal: $21,177.18 Storm - 9 30" RCP Class 3 LF 56.0 $70.74 $3,961.44 30" RCP FES (1 trashracks) EA 2.0 $1,529.40 $3,058.80 Type "L" RipRap - Buried CY 7.4 $142.73 $1,057.63 Storm - 9 Subtotal: $8,077.87 Storm - 10 15" RCP Class 3 LF 128.0 $43.70 $5,593.60 15" RCP FES (1 trashracks) EA 2.0 $922.20 $1,844.40 Type "L" RipRap - Buried CY 1.9 $146.92 $271.80 Storm - 10 Subtotal: $7,709.80 Storm - 11 15" RCP Class 3 LF 16.0 $48.43 $774.88 15" RCP FES (1 trashracks) EA 2.0 $922.20 $1,844.40 Type "L" RipRap - Buried CY 1.9 $146.92 $271.80 Storm - 11 Subtotal: $2,891.08 Miscellaneous Concrete Weir Wall with Sidewalk LF 1.0 $23,372.55 $23,372.55 Pump Seep Water Around RipRap Installation LS 1.0 $13,383.75 $13,383.75 Type "M" RipRap - Buried @ Weir Wall CY 166.7 $110.85 $18,475.37 Type "M" RipRap - Buried @ Outlot "A" CY 22.2 $114.01 $2,533.30 Type "M" RipRap - Buried @ Lots 19 / 20 Swale CY 31.1 $114.01 $3,546.85 Traffic Control DAY 2.0 $297.00 $594.00 Miscellaneous Subtotal: $61,905.82 Storm Subtotal: $204,077.26 4) Concrete, Ogilvey Turnaround & Trail Subgrade Prep 18" Vertical Curb & Gutter Prep with Additional Road Base Under Islands (Entrance/Landscape Islands) LF 146.0 $4.91 $716.86 Prep for 5.0' Sidewalk @ Weir Wall LF 100.0 $4.07 $407.00 Ogilvey Ditch Turnaround with 6.0" Road Base Included SY 156.0 $19.85 $3,096.00 5.0' Trail Prep (Moisture Treat & Compact) LF 6,405.0 $2.48 $15,865.00 Install Crusher Fines at 5' Trail LF 6,405.0 $7.50 $48,037.50 Traffic Control Month 1.0 $308.00 $308.00 Concrete Curb & Walks 18" Vertical Curb & Gutter LF 146.0 $30.80 $4,496.80 Subtotal: $72,927.16 5) Asphalt Subgrade Prep for Asphalt SY 13,230.0 $2.14 $28,312.20 Re -cut Borrow Ditches LF 5,600.0 $2.91 $16,296.00 Asphalt Streets (3.5" Asphalt/ 6.0" Base) SY 9,375.0 $25.14 $235,640.63 Road Base Shoulders - 4" Thick SY 2,760.0 $8.58 $23,680.80 Turn Lane on WCR 35 (5" Asphalt/ 8" Base) SY 1,095.0 $39.60 $43,362.00 Final Adjust Valves with Concrete Grade Ring (Landscape) EA 4.0 $341.00 $1,364.00 Final Adjust Valves with Concrete Grade Ring (Asphalt) EA 17.0 $341.00 $5,797.00 Strioina (No Plans) LS 1.0 $3,082.75 $3,082.75 4421073 Pages: 13 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII FPMti�rILK'�JMJ� 3ge3of5 Estimate For Bond 2-12-2017 Signage (No Detail - Assume 7 Signs) LS 1.0 $3,795.00 $3,795.00 Traffic Control Month 1.0 $1,760.00 $1,760.00 Subtotal: $363,090.38 6) Erosion Control Silt Fence LF 4,980.0 $1.05 $5,229.00 Vehicle Tracking Control EA 1.0 $3,050.75 $3,050.75 Erosion Lot Swale Protection EA 44.0 $88.00 $3,872.00 Inlet Protection EA 6.0 $198.00 $1,188.00 Erosion Control Blanket P42 TM @ Pond Overflow with Slope Prep SF 20,400.0 $1.00 $20,466.00 Erosion Control Blanket P42 TM @ Swales with Prep SF 32,400.0 $0.96 $31,006.00 Temporary Seeding (Dryland Seed Mix) with Crimped Mulch ACRE 48.0 $922.67 $44,288.16 SWMP Plan and Box EA 1.0 $660.00 $660.00 SWMP Bi weekly site inspections (10 hrs. per month) EA 6.0 $990.00 $5,940.00 SWMP Permit EA 1.0 $1,738.00 $1,738.00 Concrete Washout Pit EA 1.0 $1,003.00 $1,003.00 Subtotal: $118,440.91 7) Miscellaneous Infrastructure Construction Surveying LS 1.0 $30,884.15 $30,884.15 Materials Testing (Moisture/Density/Concrete/Asphalt) LS 1.0 $18,529.50 $18,529.50 Dry Utilitiy Cordnation LS 1.0 $3,850.00 $3,850.00 Dry Utilitiy Installation (Excel Power, Atmos Gas and Comcast LS 24.0 $6,687.00 $160,488.00 Pothole Existing Utilities HR 12.0 $357.50 $4,290.00 Weld County Road Cut Permit LS 1.0 $3,080.00 $3,080.00 Construction Water - Allowance (Pond & Pump) LS 1.0 $11,540.00 $11,540.00 Landscaping LS 1.0 $222,236.00 $222,236.00 Subtotal: $454,897.65 Construction Total: $1,823,429.73 I Price Per Lot (24 Lots): Estimated Quantities Field Measured To Verify For Payment. Price Quote Valid For 30 Days $75,976.24 Quotation is based on unapproved construction plans. Final approved plans are expected from the design engineer. After receipt & review of the final approved plans, this quotation may need to be adjusted to incorporate the final approved plan alterations. Inclusions: *Labor *Equipment *Material *Traffic Control *Concrete *Asphalt *Erosion Control (As listed) *Striping *Signs *Survey *Materials Testing *Dewatering or Trench Stabilization *Permits - City/ Town, County, State, CDOT, or Federal *Payment & Performance Bond 4421073 Pages: 14 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1)11 MULNigiii'illia,LYVICIIIgh' L W«'4i 11111 Exclusions: *Relocation of Existing Utilities and Relocation of Light/Power Poles (Shown/Not Shown) *Development Fees *Procurement of Stormwater Discharge Permit *Storm Water Management Plans or Management "Off -site Construction Water (Water Supplied By Owner) *Access, Agreements, or Coordination with Ditch Company(s) *Access, Agreements, or Coordination with Ditch Company(s) *Foreign or Hazardous Materials *Unusable Trench Material *Underdrains or Field Irrigation Drains (Other Than Noted) *Unstable Street Subgrade 'age 4 of 5 Estimate For Bond 2-12-2017 *Earthwork/Utility Permits *Erosion Control Maintenance (Only During GLH's Work) *Landscaping (per Landscape Plan, Including Irrigation) *Dry Utility Coordination GLH CONSTRUCTION, Inc. BY: TITLE: ATTEST: �"`- lJ V ( C 4421073 Pages: 15 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO *Winter Protection *Flyash Stabilization *Erosion Control Maintenance *Pavement Re -design *School Bus Pullout Structure *Landscape Grounds Maintenance *Dry Utility Coordination *Import/ Export Fill *Driveway Culverts *Exterior Fencing *Any Concrete Pans *Bond For Road Maintenance VIII 1111WV:%FAY 1 fIK 11 III ACCEPTED BY: TITLE: 41414 ,hz) ATTEST: _if, y'' 2/14/2018 Paget. of 5 Estimate For Bond 2-12-2017 ma x,1614- 3 GLH Construction Inc 780 East Gorden Drive Windsor Co, 80550 (970/-674-0440 rest Mon. 4W 16.Oab Eagleview Anticipated Construction Schedule Work Week Schedule Date 2/15/Ia 5 -Mar 1l -Mar 19 -Mar 26 -Mar laoprl 9-ap, i62.2 1345( 50 -Mar a -May, t4 -Mary 21 -May i&May 4.1un it-lun 1&WO 15-hm 7,31 9 -Wt _- -_-_ 1Mtv11690,10,, Control 90 26 -Feb 6 -Jul Earthwork 45 5 -Mar 4May®__--_- Close WC835for Water lte-h, 5 13 -Apr 27 -Apr Install WoeerAbM 15 23 -Apr I7-1/ay _- Patch WC835 I 27 -Apr 27.. 20 IL Install Storm Sewer 8 -Jan te Instal/[ 5 14 -May 12 Install Pav�g o all Roods a P5564 g.,alb 30 1 -Jan 22 -Jan _- Ory Ut8lHes installed 20 11 -het 6 -Jul ■ ■ ..- Londscope/roml/ed i8 11 -Jan 5 -Jul Project Monger Greg Hughes glhu¢havagaa ,aw.tron,rgm (970)674-0440 Office (970) 6740443 Far 4421073 Pages: 16 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO FINAL UTILITY PLANS FOR EAGLE VIEW FARMS SITUATED IN THE EAST HALF OF SECTION 23, TOWNSHIP 6, RANGE 66 W OF THE 6TH PM COUNTY OF WELD, STATE OF COLORADO VICINITY MAP JULY 2, 2016 1.800-922.1987 SHEET NO INDEX OF SHEETS WAN SmEFT ui.1.1r• FLAY (North Star —,— design. inc. OFIERMILL LAND ...CONG. MC :WI a.EVELAMO AVE 970S69-0516 CO ' ( GLE MEW FARMS -o. EAGLE VIEW FARMS -E1r✓WDN- i1 4421073 Pages: 17 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liiiFdli1Q wi!' a q1K IYrrh II II KEY MAP RIZ 90.5n. JRRNAGE RIPE R,RSPRC NA, YAW RRFER RESRIALYER ..24r5 • �.m Sv EAGLE VIEW FARMS 2 JF 22 4421073 Pages: 18 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VI PON la lailikiPariViihErliil 1.800.922.1987 MINA, 382 mw= 4421073 Pages: 19 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iv l;MIlMPEry iir 1 rI idei i41I 111 LEGE. GENERISL UTILITY MATCH LINE ‘77-\\ SEE SHEET Y 1.800.922-1987 LEGEND 33303,3 .3133 333311,3C 3,33, 3333,33. 33,33 RICER 30 3333 3TRa3.3, 3. FOR, 933335 Frx 3133,033 311,3 .C1103, 4421073 08/05/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 .rIgMiKINF7114iLr,4i EAGLE VIEW FARMS 4 1-800-922-1987 4421073 Pages: 21 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 1111 �A�'�� w#I�f�l��r'blti��'�Nw ��h III II • IGENERAL UTILITY MOTS SHEET II TYPICAL ILLE SEMI. 1-800-922.1987 4421073 Pages: 22 of 42 08/08/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIIIIP.flIndikladikribtflillilP NFU 11111 SCALE DRAW. SUMMARY TABLE DETENTION POND SUMMARY TABLE , ,X,YEAri OEM,. VOLUME REM., � c �.m -r II EAGLE VIEW FARMS g 6 5 OF 22 dry / / P. N, / / / / / / m m,> _______ s——,e....a Min. PAW SUOMI,. N / / / i / L / 1 / / // / / / �- ` / / s / %/ % / / AS / unun.i. 1.800-922.1mnc.nm987 `w AA -r co co 7 DF 4421073 Pages: 23 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VImlrMuari»4tPiiiriiMIMI:IPill Wild 111111 1.800.922.1987 4421073 Pages: 24 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIII MCI N .ah#G h la'4�i� .hi BI ii AO EA 1 __ass _Vi=i 4421073 Pages: 25 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO NEAP, TO 3.1a, 'WC OPPAP EN", OEAINENT 1-800.922-1987 -r EAGLE VIE 9 uIII PAM II .800.922.19 1 87 4421073 Pages: 26 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 !Ph nl4 «PMJ ' Wyk II II 414 i�oxFiEvnnoxs q r�z) st.o' 1-800.922-1987 4421073 Pages: 27 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III IVlid Ia WYK 11 PC kr�1�� i# . i «C U 16i' Y h 111111 288-a1 LOT le POAS PROPOSED LOT la LOTS STORM 1 STORM 2 - 4421073 Pages: 28 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1III 41,1101.445.11 fi'lhfK4PI' M& till STORMS 2 LOT 20 roaram 1.800.922.1987 fi sip STORMS, 6 7 STORM 1.800-922.1987 zi KEY MAP EAGLE VIEW FARMS 13 3 K22 4421073 Pages: 29 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I ��'j Yi��l ali+r�l4��1 Ur'IfiPIEN Id "Ill LOT. .:i STORMS STORM MI 4421073 Pages: 30 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII PAM 111 STORM 11 1.800-922-1987 1-800-922-1987 TYPICAL SECTION 4421073 Pages: 31 of 42 08/06/2018 02:57 PM R Fee $0.00 Carly Koppes, Clerk and VIII A �lill �Y�� i'�I�itGriliRecorderWeld County, CO ,�iit 141114 1I III FNTNANCE 19 AND IIFTAII SCALE: 259-01 1.800.922.1987 4421073 Pages: 32 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Planlike illWE lillIIKFUCliailil Bill TYPICAL SECTION • bt T ± - - j - 4725 I I .00 1.800-922-1987 KEY MPP ljt t- 0735 4720 _ r- EAGLE VIEW FARMS 4 5vFF' 17 4421073 Pages: 33 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 r.r!2PhiICW1 IWII' k MN; %IINlFiddi III II 1-800122-1987 4421073 Pages: 34 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 MciL' Pil'f IllI "III r i North Slur ',— design, inc. wd1"'E s I I � „ , " j +I� t I I ..R.a kro b'_ I9 — a,.m s rop.:.... ��ymod` I` j j i �w� '' "' e' ro a s w�v _ _ae�� ro am .I -OR a m -*�SJ9 FIRE HYDRANT ASSEMBLY TAI BEND RESTRAINT q r„()7•� °p'�" ! VERTICAL BEND RESTRAINT WATER SERVICE LOCATION PLAN QI I a _ s o ,ri1. ��., J6 .aosr® -,rva wreeaswus ruvew„m a'a� wi a,#m%mc.smw. lrx,®xnrte _ate-�, - - - arrw „ems a "� - ...... 4,„.„..,®..., ® �„ro� e.a Pgrm �ro a .a» ,,.a,...e,,.. "".�,m.� wuts a„a.,..�„,..„mm",�,a,m,.:„ -............,.n................ f:',", �„„ „ r4., .::..:.„a aL .�� a, ro.�.ro.. gf.:: �.,.„.,�.g,ro .,o,®,.�,.�aa�, EAGLE VIEW FARMS UL TAILS 7_�� I GATE VALVE AND a�i) TYPICAL OFL VALVE OPERATION () I 1 -INCH SERVICEASSEMBLYIS(1f):__I METFA vrt cONSTTNc110H F✓i rah _„. 1.800.922-1987 � ri... Ana S Ec 19 '9 Oia •�'d" 258-01 4421073 Pages: 35 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII PAW DRIVEWAY DETAIL TRASH PACK DETAIL TTE s IcseW TYPi A LOT OTING Ten STA 01131831,00 TRACER WIRE TF_ST STATION PVC PIPE 0.30 ['ET eet rDEYerHYLENE BICAS INSTAU.AMON TYPICAL 011LITY CROSS,. 1.800.922-1987 II SHEET 20 Z0 OF 22 258-01 4421073 Pages: 36 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO .III Mraani+ i hiric l i. mil R.iffilyik Ill III CDsRUCTO ENNNEDTAIL PUN VIEW CROSS SECTION fi atem STRA DETAIL DETENTO pMEDETAL NTS SPIT I WAY CROSS SECTION SECnON NEW SST FENCE DETAIL :4727- i 4421073 Pages: 37 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIII Mc! LTWilla MAIM IIV III iY�rh 1I II1 DITCH North Star "%•-• design. Inc. Win`om«. unnI .�cmn. B0550 Ph0002 B70-086.5930 Fax: 010.45,106 �� a �� .O 4�� oi' r .- 5,� X00 ��' z,''.. L n�rr-n�-,44, .3.00.. 3•'i it;'i �iL�n__u—ra t�--'F z. r rj/ / . rll 7 nn 1 I.., ll li.r5nr i4 Allei7 r t ! Y\\/ \\ //\ \ .�.. d�� d ° _ 3„ ..4— A _mss— z• .i7'� a / _— _ r : EV A -ii �IIIi 1-- .. _ 1 1P �G,'-`'if u -n iui ,�n fi- --]. >,•a ; 0� 14 WI .= MUM=... ,...;. (d�lsewee�x:�wrt� .v ' �.... (hY�lasaieo®n �., ..�. �' ...::'"::..S�.` ., �,iv.4..i,a.., .er n— ii".-..,„u.S .._ ...... — I EAGLE VIEW FARMS DEIAILS , itYA .�` •„^^ �. `'" .,,,,,a 1.800-922-1987 Z Z 22 OF22 sau+mrs. ».. �xry +nm, +nums •o AxMtlli6`„.MAISIVin 0� ueise R� 298-Ot 4421073 Pages: 38 of 42 08/06/2018 02:57 PM R Fee:$0,00 Carly KoPPes, Clerk and Recorder, Weld �� TI'�n1�1�L�L� LOVELAND BARRICADE RentrlSole. yNs 2A66E9th St LxYeland, Co 90637 Phone: (970 663-5311 Fax: (970) 6633270 *nrtccmou-agn Mamaaa ring &,waanm. Pmmrt MNig . tmtm.,Suppau TRAFFIC CONTROL PLAN MHT# 1 Lontion: WCR35 & Hwy 392 City: Greeley, CO For. CLH Cons. Date: FeSauary22,20te NOT DRAWN TO SCALE Summary of Devices 2 - 48'x48" Road Work Ahead 1.48'x48" Shoulder Work Ahead 30 - Channeiizers NOTE: - Sign spacing will be determined according to Table 6H-3 in the Manual on Uniform Traffic Control Devices (MUTCD). - Loveland Barricade L.L.C. Does Not Accept Any Liability If Another Company Or Individual Sets Up The Traffic Control Represented On This Plan/M.H.T. Work Area Hwy 392 4421073 Pages: 39 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Greeley #2 Canal Approx. 700 ft www.invarion.com N S LOVELAND BARRICADE ittay,. SON Urea 765FFat St Lovely* CO 90937 Phone. (970) 6633311 Far 19101 6034210 teed emosae;nes mq.u.nm- Freemen, eolaq • Coburn, sma. TRAFFIC CONTROL Pun MHT�t 2 Locatlon: WCx 35 k Hwy 393 City: Greeley, CO For GIB Court Date: F<brvary22,7II18 NOT DRAWN TO SCALE Summary of Devices 4.48'48' Road Work Ahead 2.48"x48' One Lane Road Ahead 2.48°x48' Flogger Ahead 30 - Channelizers NOTE: - Sign spacing will be determined according to Table 6H-3 in the Manual on Uniform Traffic Control Devices (MUTCD). - Loveland Barricade L.L.C. Does Not Accept Any Liability If Another Company Or Individual Sets Up The Traffic Control Represented On This Plan/M.H.T. Hwy 392 4421073 Pages: 40 of 42 08/06/2018 02:57 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 111 �1IIfil �'a�W'I�1�t41 dlW �I II II Greeley #2 Canal Approx. 300 ft www.invarion.com N www.invarion.com LOVELAND BARRICADE _ILLIMAKIIM Zara Elea lme.M. Co Berm Rom lnaasvn TRAFFIC COMMA PLAN MHT# 3 r.wuoM1 wn E., MI car Gnat. CO ctx Ca on. rannaana NOT DRAWN TO SCALE Summary d Devices 10 • q's18' Road Work Ahead 2.4SSd8' Road Closed Ahead 2.a na-Betma Ahead 1 -18'x18" Tom Lane Closed Ahead 1 •24't24" No Right Turn 1 .21'12' No Leg Tun 2 . Detour Tracker RitN 4 . Detour Tracker Leg 1 -Typal Barricade Road Closed To Throe Traffic Delay RIO 1 • Type m Barricade Road Closed To five Traffic 1 • Type 01 Barriude Road Closed Double Detour 2. Type IR Barricade Road Cloud 2 - Typ Ill Barricade Plain 24. Channelbers NOTE: - Sign spacing will be determined according to Table 6H-3 in the Manual on Uniform Traffic Control Devices (MUTCD). - Loveland Barricade L.L.C. Does Not Accept Any Liability If Another Company Or Individual Sets Up The Traffic Control Represented On This Plan/M.H.T. Al SI N 4421073 08/06/2018 02:57 PM R Fee $0.00 Carly Koppes, Clerk and Recordr, Weld County, CO 1111 EIFOlI Wai lI I t /!Ie lF.11 'VP 1141,61.4C h 11111 LOVELAND BARRICADE Nwd.arr-6Me nreo cuay.6,p ikmwmo F 6 i+rrem >e,m.e 6..us-coram._.ww 696666 Loo.or CO$0537 Phonr(970)663-5311 For: (970(6635270 TRAFFIC CONTROL PLAN MK* 4 Location: WCa35&Hwy 393 coy Greeley, CO For GUS Conec Dam February 2;M6 NOT DRAWN TO SCALE Summary of Devices 2 • Variable Message Board 10 • Channelizers i , TTTTf .LLJ NOTE: - Sign spacing will be determined according to Table 6H-3 in the Manual on Uniform Traffic Control Devices (MUTCD). - Loveland Barricade L.L.C. Does Not Accept Any Liability If Another Company Or Individual Sets Up The Traffic Control Represented On This Plan/M.H.T. 392 WCR 35 CLOSED STARTING 3-12-18 ALTERN. ROUTES ADVISED 4421073 Pages: 42 of 42 08/06/2018 02:57 RN Carly Koppes, Clerk and RecorrdO er,,Weld County, CO IIll l �.rl�'�I�' wr'�i Ili I+NJ � li 'tiK MiAll114144, 11111 WCR 35 CLOSED NORTH OF DIANE ST STARTING 3-12-18 ALTERN. ROUTES ADVISED Aa St Holman Ct SLIT Fr- - 1 swT www.invarion.com N ii GLHCO-1 OP ID: B3 ACOR0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, If SUBROGATION IS WAIVED, subject to the terms and conditions this certificate does not confer rights to the certificate holder in lieu PRODUCER Rich & Cartmill Ins of CO of Colorado LLC 8213 W. 20th Street Greeley, CO 80634 Michael J Schmitt CIC INSURED GLH Construction, Inc. 780 E. Garden Drive Windsor, CO 80550 970-356-8030 the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. of the policy, certain policies may require an endorsement. A statement on of such endorsement(s). CONTACT Michael J Schmitt CIC NAME: PHONE 970-356-8030 (A/C, No, Eat) ------- -- ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : BITCO General Ins Corp INSURER B : Pinnacol Assurance INSURER C : Travelers Indemnity Co of CT INSURER D: INSURER E : INSURER F : FA No).970-356-8032 NAIC # 20095 25682 • ION NUMBER: _THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR CLP3655558 07/01/2017 07/01/2018 AMAGE TD PREM Ste? a pccLErence) $ 100,000 MED EXP (Any one person) $ 5,000 $ 1,000,000 GE 'L AGGREGATE POLICY f X OTHER. LIMIT APPLIES _ PER JEST 1__ 111 LOC PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG Emp Ben. 2,000,000 $ 2,000,000 $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED j AUTOS ONLY HIRED I AUTOS ONLY I_ _ I SCHEDULED AUTOS NON -OWNED AUTOS ONLY I CAP3655559 07/01/2017 07/01/2018 COMBINED SINGLE LIMIT (Ea accident) -... BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 1,000,000 $_X $ $ $ $ UMBRELLA LIAB EXCESS LIAB DED 1 1 RETENTION $ OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 4028616 07/01/2017 07/01/2018 x j_ STATL_ITE 1 ]- R H E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? l (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C C Leased/Rented Eq Installation Fltr 6607F07252417 6607F07252417 07/01/2017 07/01/2017 07/01/2018 07/01/2018 Limit Limit 400,000 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER WEL-EAG Eagle View Farms, LLC Weld County, CO 1813 61st Ave, Suite 200 Greeley, CO 80634 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael J Schmitt CIC ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CONTRACT Eagle View Farms, LLC CUSTOMER NAME Eagle View Farms PUD PROJECT NAME 1813 61st Avenue CUSTOMER ADDRESS CONSTRUCTION, INC WINDSOR, COLORADO Greeley, CO 80634 2/15/2018 CITY.STATE.ZIP DATE Hwy 392 & WCR 35, Weld County, CO 970-539-2204 Charles@keirnes.com PROJECT LOCATION PHONE E-MAIL DESCRIPTION OF WORK TO BE PERFORMED - WE HEREBY SUBMIT ESTIMATES FOR THE FOLLOWING Exhibit A - Construction Estimate dated 11/14/2017. Exhibit B - Weld County Improvements & Road Maintenance Agreement with Bond Requirements. Exhibit C - Merchants Payment & Performance Bond Forms Including Request for a 2 Year Warranty Bond. NOTE: Road Maintenance Bond an Exclusion of Contract (See Exhibit A Exclusions). GLH Construction hereby proposes to furnish material, labor and/or services ("the work") in complete accordance with the above specifications, for the sum of One Million Eight Hundred Twenty Three Thousand Four Hundred Twenty Nine & 73/100 dollars ($ 1,823,429.73 ) • GLH Construction will be responsible for the work until Construction Acceptance has been granted. Furthermore, GLH Construction will be required by the Owner (Eagleview, LLC) to supply a Payment & Performance Bond naming Weld County and Eagleview, LLC as dual Obligee and after Initial Acceptance rolling it into a Warranty Bond as per Exhibit B. Unless stipulated above, the PURCHASER shall furnish all surveying, right of way, permits, inspection and any testing. Any extra work due to unstable subgrade, importing or exporting of materials, differing site conditions or any alterations or deviations from the plans or specifications which involve extra costs will become an additional charge over and above the initial agreed upon sum. Final field measurements will apply unless stipulated as lump sum. This agreement is subject to the condition that GLH Construction shall not be liable for any delay or non-performance due to strikes, accidents, labor difficulties, floods, fires, acts of God, or to the acts or regulations of any Governmental authority or any branch or agency thereof, or delays beyond GLH Construction's control. The PURCHASER agrees to carry Fire, Tornado, Liability and other necessary insurance. GLH Construction's employees are fully covered by Workmen's Compensation insurance. PAYMENT TERMS: Net 30 Days. If the balance shown on any invoice is not paid when due, the PURCHASER shall pay a LATE PAYMENT CHARGE, NOT A FINANCE CHARGE computed at a RATE of 18% per month on all previous unpaid balances. If payment is not made when due, GLH Construction may employ an attorney to file a lien or take any other action to enforce collection of the payment due. GLH Construction shall be entitles to recover all the costs of such actions, including reasonable attorney's fees. It is understood and agreed that all sums and payments due herein are for materials furnished and for services rendered and labor done, at the instance of the PURCHASER, and if a lien is field against the property, all such sums will be claimed against the property and the lien will be valid and enforceable for the total amount due including the late payment charges and attorney's fees. GLH Construction and the PURCHASER further understand and agree that if payments are not made when due, GLH Construction may at its option refuse to proceed with the work, and the GLH Construction shall in no way be liable for damages whatsoever by reason of such refusal. In the event that GLH Construction refuses to proceed with the work for non-payment, GLH Construction may at its option be compensated for the materials supplied and the work done on a time and materials basis, or pursue other available remedies. In either event, GLH Construction shall be entitled to payment of late payment charges, costs and the attorney's fees incurred by GLH Construction. GLH Construction, Inc. ^ X7--/8 AUTHORI P IGNATURE TITLE COMPANY DATE ACCEPTANCE OF PROPOSAL: Prices, specifications, terms and conditions, as noted above, and on the reverse side, are satisfactory and are hereby accepted by the undersigned PURCHASER(S). I (we) authorize GLH Construction or their subcontractors to perform and complete the specified work. Payment will be made as noted above in the payment terms of this agreement. AUTHORIZVD SIGNATURE 144014/14/ Vice/WI 6111S 7 nIC( TITLE COMPANY ATE 780 EAST CARDEN DRIVE . WINDSOR . CO .80550. OFFICE (970) 674-0440 .FAX (970) 674-0443 MERCHANTS BONDING COMPANY MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498. DES MOINES PHONE: (800) 678-8171 FAX: (515) 243-3854 Performance Bond CONTRACTOR: (Name, legal status and address) GLH Construction, Inc. 780 East Garden Dr Windsor, CO 80550 OWNER: (Name. legal status and address) Eagle View Farms, LLC 1813 61st Avenue, Suite 200 Greeley, CO 80634 )et2 306-32p Bond No. COC64765 SURETY: (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) 670(1 Westown Parkway, West Des Moines, Iowa 50266 CONSTRUCTION CONTRACT Date: March 5, 2018 Amount: 81,823,429.73 Description: (Name and location) Eagle View Farms PUD Intersection of Hwy 392 and WCR 35 South of Hwy 392 and West of WCR 35 in Weld County, CO BOND Date: March 5, 2018 (Not earlier than Construction Contract Date) Amount: $ 1,823,429.73 Modifications to this Bond: ❑ None ® See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) GL,H Construction, Inc. Signature: Name Gregory'L°I{ughes and Title: President (Any additional signatures appear on the last page of this Performance Bond.) SURETY Company: Merchants Bondin Signature: Name D it e Tti and Ville: Attorney -In -Fact (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: Rich & Cartmill Insurance of Colorado, LLC 8213 W. 20th Street Greeley, CO 80634 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. (Corporate Seal) ppanv (Mutual) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Eagle View Farms, LLC Printed in cooperation with American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 -Performance Bond -2010 edition. CON 0656 (2/15) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obiligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default, Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3. the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract: § 5.2 Undertake to perform and complete the Construction Contract itself through its agents or independent contractors: § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Vv'aive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4 and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. CON 0656 (2/15) § 7 If the Surety elects to act under Section 5. I, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5: and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall he instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement. shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor tinder the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. CON 0656 (2/15) § 16 Modifications to this bond are as follows: After acceptance of all improvements the Payment and Performance will roll over into a Warranty Bond for a 2 year warranty period per the Weld County Improvements & Road Maintenance Agreement. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Merchants Bonding Co (Corporate Seal) GLH Construction, Inc. Signature: Name and Title: Gre Address: 780 East Garden Dr, Windsor, CO 80550 Signature: Name and I iticc:Donna Birleffi, Attorney -In -Fact Address: 8213 W. 20th Street, Greeley, CO 80634 CON 0656 (2/15) MERCHANT BONDING COMPANY MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 I'I-EONE: (800) 678-8171 FAX: (515) 243-3854 MULTIPLE OBLIGEE RIDER To be attached to and form part of Bond Number COC64765 with Merchants Bonding Company (Mutual) as Surety, GLH Construction, Inc. as Principal, and Eagle View Farms, LLC as Obligee, for valuable consideration, hereby agree respectively in connection with a contract for Eagle View Farms PUD Intersection of Hwy 392 and WCR 35 South of Hwy 392 and West of WCR 35 in Weld County, CO which bond and contract are made a part hereof by reference, shall now include as additional Obligee(s) Weld County, CO The rights of the additional Obligee(s) shall be subject to the following conditions: (a) (b) The Surety shall not be liable under this bond to the Obligee, or any additional Obligee, unless the Obligee, or any additional Obligee, shall make payments to the principal in accordance with the terms of said contract as to payments and shall perform all other obligations to be performed under said contract at the time and in the manner therein set forth. The aggregate liability of the Surety under the Bond to the Obligees, as their interest may appear, is limited to the penal sum of this Bond. (c) The Surety, may at its option, make any payments under this Bond by check issued jointly to the Obligees. (d) The Surety shall not be liable to any of the Obligees if the contract between the Principal and Obligee is void or unenforceable. This rider is effective as of March 5, 2018 GLH Construction, Inc. By: By: (Principa regory L, I-ghes, President Merchants B Company (Mutual) (Surety) Attorney -in -fact Donna Birleffi Weld o i�O (Obligee) By: (Obligee) By: CON 0313 (2/15) By: (Obligee) i E RC HAN BONDING COMPANY-.., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Donna Birleffi; Michael J Schmitt their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April , 2017 �............. •••-••. ..••P't1ONA.••..••\NG Cp••. ' itP................... ; •O��' IMP O,gMA.. •. • MERCHANTS BONDING COMPANY (MUTUAL) .1•#.•�: GOVVI �. v0 q�;.Z� MERCHANTS NATIONAL BONDING, INC. 2:? -O- G:'O: •(--:2 0- R`t • cf.2003 .. : : y . 1933 .•• c: By . •. �� . STATE OF IOWA COUNTY OF DALLAS ss. On this this 6th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. . •. President ALICIA K. GRAM Commission Number 767430 My Commission Expires April 1, 2020 \(- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 5th day of March , 2018 .4. &'9.ON:44 •., 'Q i2 -O- a.O 2003 O ••• ••. • •00OIP017 .4...1. -o- a;• •a: 1933 ��'• Secretary POA 0018 (3/17) ME RC HANT�S� BONDING COMPANY.; MERCHANTS BONDING COMPANY (MUTUAL.) P.O. Box 14498. DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 Payment Bond CONTRACTOR: (Name, legal status and address) GLH Construction, Inc. 780 East Garden Dr Windsor, CO 80550 OWNER: (Name, legal status and address) Eagle View Farms, LLC 1813 61st Avenue, Suite 200 Greeley, CO 80634 Bond No. COC64765 SURETY: (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) 6700 Westown Parkway, West Des Moines, Iowa 50266 CONSTRUCTION CONTRACT Date: March 5, 2018 Amount: $1,823,429.73 Description: (Name and location) Eagle View Farms PUD Intersection of Hwy 392 and WCR 35 South of Hwy 392 and West of WCR 35 in Weld County, CO BOND Date: March 5, 2018 (Not earlier than Construction Contract Date) Amount: $1,823,429.73 Modifications to this Bond: O None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) GLH Construction, Inc. Signature:-, 7 /97 Name Gregor fughes and Title: President ❑x See Section 18 SURETY Company: Merchants B Signature: Name Doeiii and Title: Attorney -In -Fact This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. (Corporate Seal) mpany (Mutual) (Any additional signatures appear on the last page ()Phis Payment Bond.) (FOR INFORMATION ONLY— ;Name. address and telephone) AGENT or BROKER: Rich & Cartmill Insurance of Colorado, LLC 8213 W. 20th Street Greeley, CO 80634 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Eagle View Farms, LLC Printed in cooperation with American Institute of Architects (ALA). The language in this document conforms exactly to the language used in AIA Document A312 -Payment Bond -2010 edition. 5 CON 0656 (2/15) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3., the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim, and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed: and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7. I or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to he due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of'reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. CON 0656 (2/15) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this F3ond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date ( I ) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2. or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract: .4 a brief description of the labor, materials or equipment furnished: .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract: .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim: .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil. gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. CON 0656 (2/15) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to he Contractor. § 18 Modifications to this bond are as follows: After acceptance of all improvements the Payment and Performance will roll over into a Warranty Bond for a 2 year warranty period per the Weld County Improvements & Road Maintenance Agreement. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: GLH Construction, Inc. Merchants Bonding Co Signature: r� 7 Name and Title: G�gO ry L. Hug , President Address: 780 East Garden Dr, Windsor, CO 80550 Signature: Name and Title: Do (Corporate Seal) ttorney-Ire-Fact Address: 8213 W. 20th Street, Greeley, CO 80634 CON 0656 (2/15) MERCHANTS BONDING COMPANY, MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MULTIPLE OBLIGEE RIDER To be attached to and form part of Bond Number COC64765 with Merchants Bonding Company (Mutual) as Surety, GLH Construction, Inc. as Principal, and Eagle View Farms, LLC as Obligee, for valuable consideration, hereby agree respectively in connection with a contract for Eagle View Farms PUD Intersection of Hwy 392 and WCR 35 South of Hwy 392 and West of WCR 35 in Weld County, CO which bond and contract are made a part hereof by reference, shall now include as additional Obligee(s) Weld County, CO The rights of the additional Obligee(s) shall be subject to the following conditions: (a) (b) The Surety shall not be liable under this bond to the Obligee, or any additional Obligee, unless the Obligee, or any additional Obligee, shall make payments to the principal in accordance with the terms of said contract as to payments and shall perform all other obligations to be performed under said contract at the time and in the manner therein set forth. The aggregate liability of the Surety under the Bond to the Obligees, as their interest may appear, is limited to the penal sum of this Bond. (c) The Surety, may at its option, make any payments under this Bond by check issued jointly to the Obligees. (d) The Surety shall not be liable to any of the Obligees if the contract between the Principal and Obligee is void or unenforceable. This rider is effective as of March 5, 2018 GLH Construction, Inc. By: By: (Principal)"gory L Hug , President Merchants B.;;'ng Company (Mutual) (Sur Donna Birleffi Attorney -in -fact Eagle By: (Obli Weld C un y, CO By: �v (Obligee) By: (Obligee) CON 0313 (2/15) By: (Obligee) MERCHANT�� , BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Donna Birleffi; Michael J Schmitt their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April , 2017 . P(1O•Nq' h�•oRpoRq•�o Q-0- va% .%O%, 2003,' STATE OF IOWA COUNTY OF DALLAS ss. On this this 6th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. • •O PP0,p : a' 1933 ,•• c: 4 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President ALICIA K. GRAM Commission Number 767430 My Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and POA 0018 (3/17) affixed the seal of the Companies on this 5th day of March , 2018 . •• • P� 1.... .,• , �p\NG Co�A • ;may:Cj . _. y, o qti�: • Q2 -o- O...0" v'•. 2003 O•, '•4••• •• .•' .•' • CO•• • Z: • 4. -a- •4 • Secretary RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLAN NEDUNIT DEVELOPMENT FINAL PLAN, PF #1090, FOR 24 RESIDENTIAL LOTS AND 9.7 ACRES OF OPEN SPACE - EAGLE VIEW FARMS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,a public hearing was held on the 26th day of July, 2006, at 10:00 a.m., for the purpose of hearing the application of Eagle View Farms, LLC, 3246 Grandview Drive, Greeley, Colorado 80631, requesting a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1090, for 24 residential lots and 9.7 acres of open space, for a parcel of land located on the following described real estate, to -wit: NE1/4 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on July 26, 2006, the Board deemed it advisable to continue the matter to October4, 2006, at 10:00 a.m., to allow time for additional engineering review regarding the Ogilvy Inlet Ditch, and WHEREAS, on October 4, 2006, the applicant was represented at said hearing by Robb Casseday, Casseday Creative Designs, LLC, 55 South Elm Avenue, Suite 210, Eaton, Colorado 80615, and WHEREAS, Section 27-7-40 of the Weld County Code provides standards for review of a Planned Unit Development Final Plan, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.D as follows: a. Section 27-7-40.D.2.a --The proposal is consistent with Chapters 19, 22, 23, 24, and 26 of the Weld County Code, and any intergovernmental agreement in effect influencing the Planned Unit Development. b. Section 27-7-40.D.2.b -- The uses which will be allowed on the subject property will conform to the Performance Standards outlined in Chapter 27, Article II, of the Weld County Code. 2006-1954 PL1823 //-O6 -oG PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 2 c. Section 27-7-40.0.2.c -- The uses which will be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing Zone District and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. d. Section 27-7-40. D.2.d -- There is evidence that adequate public water and sewer will be made available to the site to serve the uses permitted within the proposed Planned Unit Development in compliance with the Performance Standards outlined in Chapter 27, Article II, of the Weld County Code. e. Section 27-7-40.D.2.e -- Street or highway facilities providing access to the property are adequate in functional classification, width and structural capacity to meet the traffic requirements of the uses of the proposed Planned Unit Development. f. Section 27-7-40.D.2.f -- Weld County Road 35 requires a left-hand turn lane be constructed as requested by the Weld County Department of Public Works. An Improvements Agreement has been submitted to, and approved by, the Department of Public Works, which addresses the safe design of the turn lane and the proposed cost necessary for construction of the turn lane improvement to Weld County Road 35, both of which will be completed by the applicant. g. Section 27-7-40.D.2_g -- There has been compliance with the applicable requirement contained in Chapter 23 regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. h. Section 27-7-40.D.2.h -- Consistency exists between the proposed Planned Unit Development and the specific or conceptual development guide. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Eagle View Farms, LLC, fora Site Specific Development Plan and Planned Unit Development Final Plan, PF #1090, for 24 residential lots and 9.7 acres of open space, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Final Plat: A. The applicant shall provide the Department of Planning Services with a Sign Plan that conforms with Section 23-4-80.A of the Weld County Code. B. The applicant shall address the concerns and comments of the Department of Public Works, as stated in the referral responses dated September 22, and 25, 2006. Written evidence of such shall be submitted to the Weld County Department of Planning Services. Any and all conditions in the referral responses relating to the Ogilvy Ditch have been addressed and are 2006-1954 PL1823 PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 3 deemed to be satisfied by the agreement between the applicant and the ditch company, dated October 2, 2006. Any and all conditions in the referral responses relating to underdrainage of the Fagerberg property, onto and across the applicant's property, have been addressed and are deemed to be satisfied by the letter submitted by the applicant to, and approved by, Fagerberg, dated September 29, 2006. Any and all Conditions in the referral responses relating to the use of an exclusive easement granted to Duke Energy have been addressed and are deemed to be satisfied by the letter provided by Duke Energy, dated October2, 2006. Any required modifications to the Final Plat and Construction Drawings consistent with the above correspondence shall be approved by the Department of Public Works prior to the recording of the Final Plat. The Department of Public Works shall notify the Department of Planning Services of such approval prior to recording of the plat. Easements for the proposed under drain and the additional agreed upon easement for the Ogilvy Ditch shall be signed, recorded, and submitted to the Department of Public Works. Such easements shall be shown on the Final Plat and Construction Drawings, as necessary. The north line of Lot 7 and the west line of Lots 7, 8, 9, and 12, shall be fenced with five-foot solid fencing in satisfaction of comments in the September 25, 2006, memo from the Department of Public Works, concerning accessibility to the Ogilvy Ditch. D. The applicant has submitted a draft Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance). The agreement shall be modified to incorporate the cost to construct the proposed trail, and shall be resubmitted for review by the Departments of Public Works and Planning Services. The agreement and collateral shall be approved and accepted by the Board of County Commissioners prior to recording the final plat. E. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Homeowners' Association Incorporation paperwork for Eagle View Farms PUD. Any changes requested by the Weld County Attorney's Office shall be incorporated. F. The applicant shall submit finalized copies and the appropriate fee ($6.00 for the first page and $5.00 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Eagle View Farms PUD in the Office of the Weld County Clerk and Recorder. G. The applicant shall submit evidence that the Homeowners' Association has been recorded with the Secretary of the State. H. The applicant shall submit a request to a Weld County Building Technician for lot addresses. The street name and lot addresses shall be submitted to 2006-1954 PL1823 PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 4 the Eaton Fire Protection District, Weld County Sheriffs Office, and Ambulance provider for review. Written evidence of such shall be submitted to the Weld County Department of Planning Services. The applicant has not provided evidence that the proposed gated access has been approved by the Sheriffs Office or Ambulance provider. Written evidence of such shall be provided to the Department of Planning Services. J. Construction details for the five (5) foot trail shall be indicated in the plans. Specifications for the proposed Polymer Aggregate Mix shall be provided. This information shall be submitted to the Department of Public Works. Written evidence of approval by the Department of Public Works shall be provided to the Department of Planning Services. The applicant shall address the requirements of the Department of Public Works referral, dated September 25, 2006, (page 3) in regards to the 18 -inch drainage culvert. L. Evidence that the cash -in -lieu payment has been paid to Weld County School District RE -2, in the amount of $1,043.00, per dwelling lot, for a total of $25,032.00, shall be submitted to the Department of Planning Services. M. The applicant shall provide a signed and recorded easement agreement with the Ogilvy Irrigating and Land Company covering the proposed easement located on the western edge of the PUD. N. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable) O. The plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PF-1090. 2) The applicant shall adhere to the plat requirements in preparation of the final plat. The vicinity map shall be delineated at a scale of 1 "-2000'. 3) All changes required by the Weld County Utilities Coordinating Advisory Committee, at the meeting of July 13, 2006. 4) Weld County's Right to Farm Statement, as provided in Appendix 22-E of the Weld County Code, shall be placed on any recorded plat. 2006-1954 PL1823 PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 5 5) Weld County Road 35, adjacent to the proposed development, is designated by the County as a minor arterial road, which requires a 110 -foot right-of-way. If the right-of-way cannot be verified, it shall be dedicated on the final plat. 6) There is a proposed exclusive right-of-way grant between Eagle View Farms, LLC, and Duke Energy that is shown on Outlot A. The grant shall be executed, recorded and called out as such on the final plat. 7) Setbacks for oil and gas facilities have been shown on Lots 20 and 21, but have not been located or dimensioned. The center of the 150 -foot and 200 -foot radii shall be located by dimension on the Change of Zone plat. 8) The Property Owner's Certificate shall be modified to match the Certification of Dedication, Ownership, and Maintenance shown in Appendix 24-C of the Weld County Code. 9) The entrance island shall be shown and dimensioned on the plat. 10) The Ditch Easement Agreement between Eagle View Farms, LLC, and the Ogilvy Irrigating and Land Company, shall be shown and dimensioned on the plat. The recording information in regards to the easement shall be indicated. 11) The locations and dimensions of the underdrain easement running through Outlot A shall be indicated on the plat. 12) The locations and dimensions of the underdrain easement running through the proposed PUD shall be indicated on the plat. 2. The Final Plat is conditional upon the following, and that each shall be placed on the Final Plat as notes prior to recording: A. The Final Plat allows for PUD zoning for Twenty -Four (24) lots with E (Estate) Zone uses, along with open space, as indicated in the application materials on file, and subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. B. Approval of this plan may create a vested property right pursuant to Section 23-8-20 of the Weld County Code. C. Water service shall be obtained from the North Weld County Water District. D. This PUD is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health 2006-1954 PL1823 PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 6 and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. E. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one (1) acre in area. The applicant shall contact the Colorado Department of Public Health and Environment, Water Quality Control Division, at www.cdphe.state.co.uslwq/PermitsUnitfor more information. F. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. G. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods, which are technologically feasible and economically reasonable, in order to minimize dust emissions. H. If land development creates more than a 25 acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. I. A Homeowners' Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities, and other facilities, along with the enforcement of the Covenants. J. The Weld County Sheriffs Office has limited traffic enforcement powers on roadways within subdivisions that are not maintained by the County. K. All landscaping within the site distance triangles must be less than 3.5 feet in height at maturity. L. The internal roadways of gated communities shall be maintained by the Homeowners' Association. M. Weld County's Right to Farm Statement, as delineated on this plat, shall be recognized at all times. N. Stop signs and street name signs will be required at all intersections. 2006-1954 PL1823 PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 7 O. All signs, including entrance signs, shall require building permits. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. P. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Q. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. S. Building permits shall be obtained prior to the construction of any building or structure. Building permits are also required for signs, gates, and the bus shelter. T. Activities such as permanent landscaping, structures, dirt mounds, or other items, are expressly prohibited in the septic absorption field site. U. A plan review is required for each building. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. V. Buildings shall conform to the requirements of the Codes adopted by Weld County at the time of permit application. Currently, Weld County has adopted the following: 2003 International Building Code, 2003 International Residential Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code. W. Each residential building will require an engineered foundation based on a site -specific Geotechnical Report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. X. Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas will be reviewed at plan review. Setback and offset distances shall be determined by the Weld County Code. Y Building height shall be measured in accordance with the applicable Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building 2006-1954 PL1823 PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 8 height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Property lines shall be clearly identified, and all property pins shall be staked prior to the first site inspection. Z. Prior to release of building permits for residential construction, a letter of approval from the Eaton Fire Protection District shall be provided to the Department of Building Inspection. AA. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. BB. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the standards stated herein and all applicable Weld County regulations. CC. The site shall maintain compliance, at all times, with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services, and adopted Weld County Code and policies. DD. No development activity shall commence, nor shall any building permits be issued on the property, until the Final Plan has been approved and recorded. EE. Section 27-8-70 of the Weld County Code - Failure to commence a PUD Final Plan - If no construction has begun, or no use established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned, and that the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction, and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD Final Plan have changed, or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD final plan and order the recorded PUD Final Plan vacated. FF. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date, and place of the hearing. The Board may modify the 2006-1954 PL1823 PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 9 terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. GG. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., C.R.S. HH. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 3. The final plat map shall be submitted to the Department of Planning Services for recording within thirty (30) days of approval by the Board of County Commissioners. With the final plat map, the applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). 4. Prior to Release of Building Permits: A. A letter of approval from the Eaton Fire Protection District shall be provided to the Department of Building Inspection. 5. Prior to construction: A. Stop signs and street name signs will be required at all intersections. B. The applicant shall address the requirements of the Eaton Fire Protection District, as outlined in the referral dated May 26, 2006. 6. Prior to the release of collateral: A. The applicant shall submit recorded deeds which transfer ownership of the outlot(s) to the Homeowners' Association. 2006-1954 PL1823 PUD FINAL PLAN, PF #1090 - EAGLE VIEW FARMS, LLC PAGE 10 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2006. BOARD OF ELD CO UNTY COMMISSIONERS TY, COLORADO ATTEST: Weldounty Clerk to the BY: Date of signature: III 3�Q Dep Clerk • the : oard He, Chair David E. L on��' , P�roi T m 4.y. Wiltiam,H Jerke , Robert D. Mas en 11 rney� , Glenn Vaad 2006-1954 PL1823 Hello