HomeMy WebLinkAbout00272015001885 1/7/201511 :54 AM PGS 22 $116.00 OF $0.00
Flectror•cally Recorded Jefferson County CO
Pam Anderson. Clerk and Recorder TD1000 N
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made th1s {d~ of f\tu Ml;e_.,.....-, 2014 by and
between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporat1on
(the "City"), and QUAIL HOLLOW PATIO HOMES, LLC, a Colorado limited hab1lity
company (the "Developer"), together referred to as the HParties".
RECITALS:
The Developer is the owner of certain real property located 1n the City of Wheat
Ridge, which is more particularly described in Exhibit A and made a part hereof (the
"Property"), commonly known as vacant land.
On September 22, 2014 the City Council of the City of Wheat Ridge, after holding
all required public hearings, approved the final plat for the Property trtled Quail Hollow
Subdivision A copy of the Ftnal Plat is attached hereto as Exhibit B and incorporated
herein.
The approvals cited above are contingent upon the express condition that all
duties created by this Agreement be faithfully performed by the Developer.
AGREEMENT
NOW, therefore, for and in consideration of the mutual promises and covenants
contarned herein, the sufficiency of which are mutually acknowledged, the parties hereto
agree as follows:
1. Purpose. The purpose of this Agreement is to set forth the terms.
conditions. and fees to be pa1d by the Developer upon subdrvisron of the Property All
conditions contained herein are in addition to any and all requirements of the City of
Wheat Ridge Subdivision Ordinance and Zoning Ordinance. the City of Wheat R1dge
Charter. any and all state statutes, and any other sections of the City of Wheat Ridge
Municipal Code and are not intended to supersede any requirements contained therein.
2. Other Regurrements. Intentionally deleted.
3. Fees. The Developer hereby agrees to pay City Development Review
fees to the C1ty for engineering, hydrological. surveying, legal. and other services
rendered in connection with the rev1ew of the subdivision of the Property.
4. Title Polley. Prior to recording of the final plat (or, if no plat 1s assoc1ated
with the development; prior to and as a condition of final approval of the development
by the City). title commitment for all those portions of the Property. as well as any other
SUBDIVISION IMPROVEMENT AGREEMENT 12114
interests in real property {easements. etc.) to be reserved for public purposes or
dedicated to the City shall be prov1ded to the City. The title commitment shall show that
all such property 1s or shall be, subsequent to the execution and recording of this
Agreement, free and clear of all liens and encumbrances (other than real estate taxes
wh1ch are not yet due and payable) wh1ch would make the dedication or reservat1on
unacceptable as the City determines in its reasonable discretion. The City. 1n 1ts sole
discretion. may accept any dedication regardless of encumbrances. The t1tle policy
evidenced by the title commitment shall be provided within thirty (30) days after the
record1ng of this Agreement. in an amount equal to the fa1r market value of the property
so dedicated or reserved.
5. Breach by the Developer; the City's Remedies. In the event of a breach of
any of the terms and conditions of this Agreement by the Developer, the City Council
shall be notified immediately and the City may take such action as permitted and/or
authonzed by law, th1s Agreement, or the ordinances and Charter of the C1ty as the C1ty
deems necessary to protect the public health, safety and welfare; to protect lot buyers
and builders; and to protect the crtizens of the City from hardship and undue nsk
These remedies Include, but are not limited to :
(a) The refusal to issue any building permit or certificate of occupancy;
(b) The revocation of any building permit previously issued under which
construction directly related to such building permit has not commenced.
except a building previously issued to a third party.
(c) A demand that the security given for the completion of the Public
Improvements be paid or honored, or
{d) Any other remedy available at law or in equity.
Unless necessary to protect the immediate health, safety and welfare of the City or to
protect the City's interest with regard to security given for the completion of the Public
Improvements, the City shall provide the Developer thirty {30) days written notice of 1ts
1ntent to take any action under this paragraph during which thirty day period the
Developer may cure the breach described in the notice.
6. Public Improvements and Warranty. All storm sewer lines, drainage
structures. paved streets, curb, gutter and sidewalk. including the undergrounding of all
overhead utilities, and necessary appurtenances as shown on the subdivision plat and
the associated construct1on documents (the "Public Improvements" or "Improvements")
as approved by the Director of Public Works or designee of the City, shall be installed
and completed at the expense of the Developer within the t1meframes set forth in
Sect1on 9 of this document. The Public Improvements required by this Agreement and
shown on the construction documents approved by the Director of Public Works of the
City and the itemized costs of these Improvements are set forth on Exhibit C if
applicable. All Public Improvements covered by this Agreement shall be made in
accordance with the construction documents drawn according to regulations and
SUBDIVISION IMPROVEMENT AGREEMENT 12114
2
construction standards for such improvement and approved by the Director of Public
Works of the City It is understood by the Parties that the description of the Public
Improvements may be general in nature. and that reasonable modifications of the
scope. nature, costs. and similar aspects of the Public Improvements may be necessary
to secure final approval of the Public Improvements. The quantities and locat1ons for
the Pubhc Improvements are based on information that was available at the time of
approval of the Final Plat. Additional Public Improvements may be requ1red . and
Developer shall be responsible for submitting rev1s1ons to the F1nal Plat approved by the
City. The Public Improvements shall be substantially complete. with only such
exceptions as shall be approved in advance by the Director of Public Works in the
exercise of his or her sole discretion, prior to the issuance of the first Building Permit.
except, however. that a Build1ng Permit may be issued for construction of a model home
on Lot 12 of Quail Hollow Subdivision while public improvements are be~ng constructed
for the balance of the subdivision. but no sale of Lot 12 is permitted to an end buyer
until all public rmprovements are completed and accepted by the City as approved
The Developer shall also warrant any and all Public Improvements which are
conveyed to the City pursuant to th1s Agreement for a period of two (2) years from the
date the City's Director of Public Works certifies that the same conforms to the
specifications approved by the City Specifically, but not by way of limitation. the
Developer shall warrant the following:
(a) That the title conveyed shall be marketable and its transfer rightful;
(b) Any and all facilities conveyed shall be free from any security interest or
other lien or encumbrance; and
(c) Any and all facilities so conveyed shall be free of defects 1n materials or
workmanship for a period of two (2) years as stated above.
(d) To the degree the Developer is reqUired to 1nstall and maintain
landscaping on public or private property, it IS the obligation of Developer.
1ts successors and assigns, to maintain the required landscaping in
perpetuity.
The City will finally accept for maintenance all Pubhc Improvements. exclusrve of
landscaping matenals. after the warranty penod has expired provided all warranty work
has been completed. The City shall accept for snow removal purposes only, all
dedrcated public streets after the City issues the first certificate of occupancy.
7 Installation of Traffic Signal. Intentionally deleted.
8 Observation. Inspection and Testing. The City shall have the nght to
require reasonable engineering observations and testing at the Developer's expense
SUBDIVISION IMPROVEMENT AGREEMENT 12114
3
Observation and testing, acquiescence 1n, or approval by any engineering mspector of
the construction of physical facilities at any particular time shall not constitute the
approval by the City of any portion of the construction of such Public Improvements.
Such approval shall be made by the City, only after completion of construction and 1n
the manner hereinafter set forth .
The Director 1s designated by the City to exercise authority on its behalf under
this Agreement and to see that this Agreement IS performed according to its terms.
Work under this Agreement may. without cost or claim against the City, be suspended
by the Director for substantial cause.
The Director shall, Within a reasonable time after presentation, make decisions 1n
writing on all claims of Developer and on all other matters relating to the execution and
progress of the work or the interpretation of this Agreement, the master plan and
specifications. All such decisions of the Director shall be final.
The Director shall make all determinations of amounts and quantities of work
performed hereunder. To ass1st him 1n this work Developer shall make available for
inspection any records kept by Developer.
The Director shall make all determinations of amounts and quant1t1es of work
performed hereunder. To assist him in this work Developer shall make available for
inspection any records kept by Developer.
The Director and h1s authonzed representatives shall have free access to the
work at all t1mes, and Developer shall furnish them with facilities for ascertaining
whether the work being performed, or the work which has been completed, is in
accordance with the requirements of the Agreement.
The Director will make periodic observations of construction (sometimes
commonly referred to as "supervision"). The purpose of these observations and
construction checking is to determine the progress of the work and to see 1f the work is
being performed in accordance wrth the plans and specifications. He will in no way be
responsible for how the work 1s performed, safety in. on, or about the JOb site, methods
of performance. or timeliness in the performance of the work.
Inspectors may be appointed to inspect materials used and work done.
Inspections may extend to all or any part of the work and to the preparation or
manufacture of the materials to be used. The inspectors Will not be authorized to alter
the provisions of this Agreement or any specifications or to act as foreman for
Developer. The Inspector will have authority to reject defective materials and to
suspend any work that is being done improperly, subject to the final dec1sion of the
Director.
SUBDIVISION IMPROVEMENT AGREEMENT 12114
4
9. Completion of Public Improvements. The obligations of the Developer
provided for in paragraph 6 of this Agreement. including the inspections hereof, shall be
performed on or before October 31, 2016, and proper application for acceptance of the
Pubhc Improvements shall be made on or before such date. Upon completion of
construction by the Developer of such Improvements, the City's D1rector of Public Works
or designee, shall inspect the Improvements and certify with specificity its conformity or
lack thereof to the C1ty's specifications. The Developer shall make all corrections
necessary to bring the Improvements into conformity with the City's specifications
Once approved by the City's Director of Public Works, the C1ty shall accept sa1d
Improvements upon conveyance: provided, however, the City shall not be obligated to
accept the Public Improvements until the actual costs described 1n this Agreement are
pa1d in full by the Developer
10. Protection. Developer, at its expense, shall continuously mainta1n
adequate protection of all Improvements from damage prior to acceptance by the C1ty
and shall protect the City's property from InJury and loss arising in connection with this
Agreement. Developer shall make good any such damage, 1njury or loss except such
as may be caused directly by authorized agents or employees of the City Developer
shall adequately protect adjacent property and shall prov1de and mainta1n all
passageways, guard fences, lights and other facilities for protection required by public
authority or local conditions.
Developer shall be responsible for damage to any public and private property on
and adjacent to the s1te of Developer's Improvements caused by negligent or willful acts
of Developer, its agents or subcontractors. Developer shall take all reasonable effort
necessary to prevent damage to pipes, conduits, and other underground structures and
to overhead wires. and to water quality Developer shall protect carefully from
disturbance or damage all land monuments and property marks until an authorized
agent of the City has witnessed or otherwise referenced their location, and shall not
remove them until directed When any direct or indirect damage or injury is done to
public or private property by or on account of any act, omiss1on, neglect or misconduct
in the construction of Improvements. or in consequence of the non-execution thereof on
his part, such damaged property shall be restored by Developer at its own expense to a
condition similar or equal to that existing before such damage or injury
Developer shall at all t1mes, whether or not so specifically directed by the
Director, take necessary precautions to insure the protection of the public. Developer
shall furnish, erect and ma1ntain, at its own expense. all necessary barricades, su1table
and sufficient red lights. construction signs, provide a sufficient number of watchmen,
and take all necessary precautions for the protection of the work and safety of the public
through or around his construction operations as Developer and the Director shall deem
reasonably necessary
SUBDIVISION IMPROVEMENT AGREEMENT 12114
5
11. Related Costs -Public Improvements. The Developer shall prov1de all
necessary engineenng designs, surveys. field surveys, testing and incidental serv1ces
related to the construction of the Public Improvements at its sole cost and expense.
Including final drainage study letter certified accurate by a profess1onal engineer
registered in the State of Colorado
12. Improvements to be the Property of the City. All Public Improvements for
roads. concrete curb and gutters. public storm sewers and public drainage
Improvements accepted by the C1ty shall be dedicated to the City and warranted for a
period of twenty-four (24) months following acceptance by the City, as provided above
13. Performance Guarantee. In order to secure the construction and
installation of the Public Improvements the Developer shall, prior to recording the Final
Plat, if applicable, 1n the real estate records of Jefferson County, which recordmg shall
occur no later than ninety (90) days after the execution of this Agreement. furn1sh the
City, at the Developer's expense, with the Performance Guarantee described here1n.
The Performance Guarantee provided by the Developer shall be an Irrevocable letter of
credit in which the City is designated as beneficiary, for one hundred twenty-five percent
( 125%) of the estimated costs of the Public Improvements to be constructed and
installed as set forth in Exhibit C. if applicable to secure the performance and
completion of the Public Improvements as reqwred by Sect1on 26-418 Security for
Required Improvements. of the Wheat Ridge Subdivtsion Regulations The Developer
agrees that approval of this Agreement by the City is contingent upon the Developer's
provision of an Irrevocable letter of credit to the City within ninety (90) days of the
execution of this Agreement in the amount and form provided herein Failure of the
Developer to provide an irrevocable letter of cred1t to the City in the manner provided
herein shall negate the City's approval of this Agreement. Letters of cred1t shall be
substantially in the form and content set forth in Exhibit D. if applicable, and shall be
subject to the rev1ew and approval of the C1ty Attorney. The Developer shall not start
any construction of any public or private improvement on the Property tncluding. but not
limited to, staking, earthwork. overlot gradtng or the erection of any structure, temporary
or otherwise. until the City has received and approved the irrevocable letter of credit.
The estimated costs of the Pubhc Improvements shall be a figure mutually
agreed upon by the Developer and the City's Director of Public Works. as set forth in
Exhibit C if applicable. If, however. they are unable to agree, the Dtrector of Public
Works' estimate shall govern after giving consideration to information provtded by the
Developer including, but not limited to. construction contracts and engineering
estimates. The purpose of the cost estimate is solely to determ1ne the amount of
security. No representations are made as to the accuracy of these estimates. and the
Developer agrees to pay the actual costs of all such Public Improvements.
The estimated costs of the Public Improvements may increase in the future
Accordingly, the City reserves the right to review and adjust the cost estimate on an
SUBDIVISION IMPROVEMENT AGREEMENT 12/14
6
annual basis. If the City adjusts the cost estimate for the Public Improvements. the City
shall give written notice to the Developer The Developer shall. within thirty (30) days
after receipt of said written not1ce, provide the C1ty w1th a new or amended letter of
cred1t 1n the amount of the adjusted cost estimates. If the Developer refuses or fails to
so provide the City with a new or amended letter of credit, the C1ty may exercise the
remedies provided for in this Agreement, provided, however, that pnor to Increasing the
amount of additional security required. the C1ty shall give credit to the Developer for all
required Public Improvements which have actually been completed so that the amount
of security required at all time shall relate to the cost of required Public Improvements
not yet constructed
In the event the Public Improvements are not constructed or completed with1n the
period of time specified by paragraph 9 of this Agreement or a written extension of time
mutually agreed upon by the part1es to this Agreement, the City may draw on the letter
of credit to complete the Public Improvements called for in this Agreement. In the event
the letter of credit is to expire w1th1n fourteen (14) calendar days and the Developer has
not yet provided a satisfactory replacement, the City may draw on the letter of cred1t and
e1ther hold such funds as security for performance of this Agreement or spend such
funds to finish Public Improvements or correct problems w1th the Public Improvements
as the City deems appropriate.
Upon completion of performance of such Improvements, conditions and
requirements within the required time, the Developer shall issue an Irrevocable letter of
credit to the City in the amount of twenty-five percent (25%) of the total cost of
construction and installation of the Public Improvements. to be held by the City during
the warranty period. If the Public Improvements are not completed within the required
t1me. the monies may be used to complete the Improvements.
14. Indemnification. The Developer shall indemn1fy and hold harmless the
City and its officers, employees, agents or servants from any and all suits. actions, and
claims of every nature and description caused by, arising from or on account of th1s
Agreement any act or om1ss1on of the Developer. or of any other person or entity for
whose act or om1ssion the Developer is liable, wtth respect to the Public Improvements.
and the Developer shall pay any and all Judgments rendered aga1nst the C1ty as a result
of any suit, act1on, or claim, together w1th all reasonable expenses and attorney's fees
and costs incurred by the City 1n defendtng any such suit, action or cia 1m.
The Developer shall pay all property taxes on the Property dedtcated to the C1ty
and shall indemnify and hold harmless the City for any property tax liability.
15 Waiver of Defects. In executing this Agreement, the Developer waives all
objections it may have concerning defects, if any, in the formalities whereby tt 1s
executed, or concerning the power of the City to impose conditions on the Developer as
SUBDIVISION IMPROVEMENT AGREEMENT 12114
7
set forth herein, and concern1ng the procedure. substance, and form of the ordinances
or resolutions adopting this Agreement
16 Th1rd Party Beneficianes There are and shall be no third party
beneficiaries to this Agreement
17. Modifications. Th1s 1nstrument embodies the whole agreement of the
Parties. There are no promises. terms, conditions. or obligations other than those
contained here1n; and th1s Agreement shall supersede all previous communications,
representations. or agreements. either verbal or written, between the part1es There
shall be no modification of this Agreement except in writing, executed with the same
formalities as th1s Instrument. Subject to the conditions precedent herein, this
Agreement may be enforced in any court of competent jurisdiction.
18. Release of Liability. It is expressly understood that the City cannot be
legally bound by the representations of any of its agents or the1r designees except 1n
accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State
of Colorado.
19. Captions. The captions to this Agreement are inserted only for the
purpose of convenient reference and in no way define, limit. or prescribe the scope or
1ntent of this Agreement or any part thereof
20. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respect1ve heirs. successors, and assigns as the
case may be.
21 . No Waiver. No waiver of any of the provisions of this Agreement shall be
deemed or const1tute a waiver of any other provisions here1n, nor shall such watver
constitute a continuing waiver unless otherwise expressly provided. nor shall the wa1ver
of any default hereunder be deemed a waiver of any subsequent default hereunder
22. Invalid Prov1sion. If any prov1s1on of th1s Agreement shall be determined
to be void by any court of competent jurisdiction. then such determination shall not
affect any other provision hereof, all of the other provisions shall remain in full force and
effect It is the mtention of the Part1es that if any prov1sion of this Agreement IS capable
of two constructions, one of which would render the provis1on void, and the other which
would render the prov1s1on valid, then the provision shall have the meamng which
renders it valid.
23. Governing Law. The laws of the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. Should either party Institute
legal suit or action for enforcement of any obligation conta1ned herein, venue of such
suit or action shall be 1n Jefferson County, Colorado.
SUBDIVISION IMPROVEMENT AGREEMENT 12/14
8
24. Attorneys Fees Should this Agreement become the subject of htrgatron to
resolve a claim of default of performance or payment by the Developer and a court of
competent junsdiction finds in favor of the Crty, the Developer shall pay the City's
attorney's fees and court costs.
25 . Notrce. All notrees required under this Agreement shall be rn writing and
shall be hand delivered or sent by registered or certified mail, return recerpt requested,
postage prepard, to the addresses of the parties herein set forth. All notrees so given
shall be considered effective seventy-two (72) hours after deposit in the Unrted States
mail with the proper address as set forth below. Either party by notice so given may
change the address to which future notices shall be sent.
Notice to Developer.
Notice to City:
Quarl Hollow Patio Homes. LLC
Attention William S. Lyons Jr.
6143 S. Willow Drive. Surte 300
Greenwood V1llage, CO 80111
Director of Public Works
7500 West 291h Avenue
Wheat Ridge, CO 80033
26. Force Majeure. Whenever the Developer is required to complete the
construction, repair, or replacement of Public Improvements by an agreed deadline, the
Developer shall be entitled to an extension of time equal to a delay in completing the
foregoing due to unforeseeable causes beyond the control and Without the fault or
negligence of the Developer includrng, but not restricted to, acts of God , weather, fires
and strikes.
27 Assrgnment or Asstgnments There shall be no transfer or assignment of
any of the rights or obligations of the Developer under this Agreement wrthout the prior
written approval of the City.
28. Recording of Agreement. This Agreement shall be recorded in the real
estate records of Jefferson County and shall be a covenant running with the Property in
order to put prospective purchases or other interested parties on notice as to the terms
and provisions hereof.
29 Title and Authority. The Developer. Quail Hollow Patio Homes, LLC.
expressly warrants and represents to the City that it is the record owner of the property
SUBDIVISION IMPROVEMENT AGREEMENT 12114
9
STATE OF COLORADO ) krn Durfl/ ) ss. COUNTYOF ~ )
The foregoing instrument was acknowledged before me this 1Pi1L day of ~ . 20 ( ~ . by William S. Lyons Jr.. as Manager of Oua11 Hollow Patio
Homes, LLC, a Colorato-\imited liability company.
Witness my hand and official seal.
My commission expires: ---Ll 0_,_1_(,_{_1 __________ _
ERICA M. TRAVELSTEAD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 20134069216
IIY COMMISSION EXPIRES OCTOBER 31, 2017
(SEAL)
SUBDIVISION IMPROVEMENT AGREEMENT 12/14
11
constituting the Property and further represents and warrants. together with the
undersigned individual(s} that the undersigned 1ndiv1dual(s) has or have full power and
authonty to enter into this Subdivision Improvement Agreement The Developer and the
unders1gned 1nd1vidual(s) understand that the Ctty IS rely1ng on such representations
and warranties in entering into this Agreement
WHEREFORE. the parties hereto have executed th1s Agreement on the day and
year first above written.
CITY OF WHEAT RIDGE, COLORADO
ATTEST:
,· -~ ~City Clerk
SUBDIVISION IMPROVEMENT AGREEMENT 12114
10
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Proj!Kt Number: o.•·
~
EXHIBIT C
Ouat~
7127-214020
81217014
(Page I Cll ~)
I ---~-Quell Hollow --~--~·-J
DESCRIPTION
OHSTTE CQNSTRUCUON COSTS
!. EABTHWQRK
A MobiiiZ.tbOII and Plf'mU
8 ~ 4' fop500110 Sloop.'!
C OnUft Cui To F.(lfnpon)
SUtiTOTAI..
l EROSION CONTROL QUBING CONSTRUCTION
A Mob!IWIIIO<I (EXQJiiO$ ~tmQI
8 Vetude T..OCIO Pad
C lnliiiPto-
0 s.Jt Fence
~ ConSINCllOfl Fence
G Seed & Mulen
H Temporary Manlcnanu ol Eto)ID'I Colltrol
Concrele WIJSII Oul
Stilboil~ St"9"'g ~a
l RRB Culven ProlttCIIOn
N Ouii!DUM
SueTOTAI..
3 wHvm.mes
" ST()RM SEW£8
A I I.~IJon IE.~ea PetMUI
A7 12"PVC
A3 1!>'RCP
A• IS' PVC
AS lS'RCP
All 24'RCP
A7 )()' RCP
AS 54' RCP
A9 1e· rEs
A 10 24 FES
All 30' fES
... 12 12" 'lOS MIN
A 13 4' O<a,..let l.lanho!cl(0'·10' ()HpJ
A 1• s· o.a ..... ~ .. Mow~~ 111-1cr Dflll>
AI! 15'H~iiMIWIII
Exhibit A
Cost Estimate
Case Number WS-14-02
ESTIMATED
QUANTITY
I Hill
12.000
I
I
s
~~~
832
4
1
9
6
I
91
65
176
313
284
108
1,158
I
2
I
I
I
2
2
Ouaol Ho41ow Cost Breakdown • City Revis1ons _ F 1nal for ILOC xis
UNIT
EA
CY
CY
LS
EA
fA
Lf
lf
AC
EA
I: A
EA
EA
M()
LS
lF
LF
lf
lf
lF
LF
ll'
EA
EA
EA
EA
EA
EA
cv
UNIT COST
1
SS460 00
SI'IO
51 71
$SSOOO
SI.OOOOO
S30000
Sl 50
$200
S750 00
$~7500
~7$00
S51$ 00
$57~ 00
S7SOO
Slll05 00
.$4500
$6900
~21100
S28 55
U350
$511 00
Sl5000
S75000
$850 00
So>'JO 00
$SOOOO
Sl 50!'· 00
S2000 00
sooo
ss 46000 ../
$1 674 40 ../
$~../
$21,400.00 ../
s~oo
$1 OCIO 00
$1,50000
$1 423 50
$166400
$3097 50
S57500
$57500
ssaoo
$5,17~ 00
$45000
""""
$1.8~00
$4,0115 00
s~ •asoo
55.104 00
$8,936 IS
S9 514 00
S6 264 00
$173.700 00
$75000
$1 ,700 00
~115000
$50000
$1 soo 00
$4 00000
sooo
CITY OF WHEAT RIDGE
PU8UC WORKS, ENGtNEERING
APPROVED FOR:
ODMINAOE 0~
0 CURe & GUTTER 0~
Jlf MISCEUAHEOUS OP\AT CCltAENT _..,._..c..,_
~-·-IIVJJitQU
DAn
Su&ECTTOFELD~~ CITY
9I!
$21,40000
$55000 $550.00
$2,08800 $2.011.00
S33800 $1,690.00
$2 111 52.068.12
$1,564 00 $1,684.00
$75000 $.J,ot7.50
.$$7500 $575.00
S7•900 $7.9.00
S57SOO $575.00
S57SOO $5,175.00
$75.00 s.so.oo
$11,682..32
SI~OO $1,805.00
SA887 Sot,40.17
SS920 $3,148.00
s.aa as $&.59760
S57 •9 S17,99U7
$8263 S17,716.i2
see.~ 0 .292.32
1151.8<1 S175,8J0.72
Sl 0'35.00 S1,0t5.00
$1 01300 $2,026 00
Sl 873 00 $1,173.00
$50000 $500.00
$325900 $3.259.00
S3•05 00 S6,110 00
$50600 $1,012.00
912312014
~leHN ~ LKtalUlK.
S8!6W-S.,...t•
~A s..lotOO ..,IICJa Color-8CI003
.l03~2)10:lllli_..)
)0) ~ ,.. • .., If..,., .. i
-~1«1<'0 com
"'"'feet 0\lal Holo<w
~ .... -212721~20
OUt 8!21 .'20 I •
~:
I QUalfHOfaow · ------·~·--------·---l
DESCRIPTlON
AI& l&'tt~~-.a
A 17 'Mital RI!J')CI Co<r!Oon•lion Inlet ( r,_t
A 'I 8 l,lo<Wied Type D Pone! 0\lllel SUU~IU"l
A 19 'MIUI Rid<}e Vdt'y tnlel
A 20 Type 13 lnll!l
A 21 O..• s.• ~ Sttua.n
A 2 Z O..af s.· Enll1QY O~s.pnllw
A 23 Tl7' Bolbll:.e
A 2• 54' Do•meter Ho<\zonl;ll B•na
II 25 l~ MR.,..,
A 26 lY!M' H Rvap
SUBTOTAL
0 !JHQEBQRAINS
a 1 e Non-Penoracec1 Und4nlrain
II 2 C:.,..ln Oula
SUBTOTAL
TOTAL Of UT1l.JTTES (WET)
·~ A ~
AI MolltklahOn 1tnc1 Pttrm•s
A2 r f ul 04111111 AI9~AI f.IO' V\"ckol
A3 s..~ PrepMauon • r >ne Gl1ocling
A• Saw C.. I Aal>hoa• ,.. Asp!\11 Rtmovtl
A• SlgniiQe Mel SI"P<<I!I
AS 1.-..; ContiOI
SutiTOTAL
8 CQNCRET£
81 ~lobtllzaiiOC'I end PM'nu
82 2' Conctol~ Pan II' 1ho
83 SuDgnlcle Pt~liOn lor Cona"''•
84 8' CtOS\ p_,~
Exhibit A
Cost Estimate
Case NumbetWS-1U2
ESTIMATED
OUAHTnY
2
3
I
2
180
·~
707
I
•.308
•.308
182
1119
I
s
I
17
• S23
0
Ouarl Hollow Cost Breakdown· Ctty ReviSions _F1nat 101 ILQC.xls
UNn
CY
EA
EA
lA
f.A
lS
LS
"" EA
CY
CY
H
EA
LS
SY
SY
lf
SY
LS
OY
EA
LF
S'1' e,,
UNIT COST ESTIMATED TOTAL
COSl
sooo sooo
$2,!.00 00 $7,50000
$,5 00000 $500000
S2 50000 $2 50000
$2 500 00 $250000
U500000 $35.00000
$35 00000 $35000 00
$1000000 $1000000
$2 50000 ssooooo
$1!.000 $27 00000
$100 00 $1880000
~1,700.00
$1500 $1060500
$300 00 s 1 500 00
112,20000
Slll,IOO.OO
$2,70000 $2.70000
$1800 $72 80520
s1 eo sn54 •o
$290 $ol69 80
S290 ~·o
S200 $2 90
Sl ••o,OO $720000
111,500.00
$.( 20~ 00 s,. 20500
$& 10 5623 70
$2 •II() $13 11870
Sf· 75 sooo
2
CITY
150&00
$8,72600
$5.00000
$3,101100
SHOO 00
$3!»,00000
$35,00000
$10,00000
$5,00000
$9968
$1« 75
$1,012.00
m,1noo
$5,000.00
S3.109.00
$2,500.00
$35,000.00
$35.000.00
$10.000.00
$10,000.00
S17.UUO
S20,e.MOO
$422758.90
$1500 $10.10500
$300 00 $111100.00
$12,105.00
SQ.4,M3.90
svoooo $2,700.00
523 !)9 $101.625.72
$123 SS,ltUA
$290 $AeUO
S9 95 $1,810.55
$260000 v.eoooo
$65000 S3,25000
S117,82A 91
S4 20500 $4.205.00
S2808 $2,182.16
$2.95 S13,3A.215
sooo $0.00
912312014
• JeHN liKIIUuna
sass...,..,._,. a,.. .. a..ioclotoO A s..to 100 ..,._ c--IOOOl
303•2leG3011--) l0l.e7.•;.o,.,,r.......,..,
.,.,.,,..... ........ IQ(b'ft
~L Ou"' Hollow
~·~ 2127-21<102Q
0.. IVll·"lOI•
~:
[ · · ----------QualiHOiiOW--I
8 5 Type 28 HCR
8 & 1.\d 8locJI OCR
8 1 Ttilffc Cootrl>t
DESCRIPTION
SU8TOTAI.
TOTAL Of UT1UTIES (SlftEETS)
TOTAL
CONTINGENCY @10%
ESTIMATED GRAND TOTAL
Quail Hollow, LLC -0\Wle Cemigl~
Marti F. Bishop, PE • Jehn Engl.-ring
David F Btossman
Oirte Brossman -City of Whut Ridge
Exhibit A
Cost Estimate
Case Number WS-14.4l2
ESTIMATED
QUANTITY
5
I
5
Quail Hollow Cost BreakCIO'Nn • C11y RevtSions F1nal for ILOC.xts
UNIT
EA
EA
OY
UNIT COST
$1,50000
S1,Z5000
$1.•<10 00
o.te
om
912312014
ON
J
ESTI!.IATBO TOTAL
COST
; liP AE&
S1 !10000
51 ?~00
S7 20000
SU,IOOIO
$12.5,400 00
$557,600.00
$55,760.00
$613,360.00
CITY
SP3359
s1,;1o IJ
$1,667..85
$1,970.13
so.oo
$30.348.09
1630,119.22 :n..., • ..,.
$157,529.81 c..,c_
$787,649
912312014
EXHIBIT D
G GUARANTY BANK
AND TRUST COMPANY·
IRREVOCABLE STANDBY LEITER OF CREDIT
NO. 1854
DATE OF ISSUE: December 12,2014
AMOUNT: $787.649.00
EXPfRY DATE: December 12,2015 with automatic renewal provision.
Beneficiary:
CITY OF WHEA TRIDGE
7500 We:,t 29th Avenue
Wheat Ridge, CO 80033
Gentlemen:
We hereby issue this lrrevocable Standby Letter of Credit for the account of QUAIL
HOLLOW PATIO HOMES, LLC, ("Applicant/Developer'') 6143 S. Willow Drive, Suite 300.
Greenwood Village, CO 80111 in your favor in the aggregate amount not exceeding SEVEN
HUNDRED EIGHTY SEVEN THOUSAND SIX HUNDRED FORTY NINE AND
00/JOOTHS USDollars (USD$787.~9.00).
Fund~ under thts credit are available with GUARANTY BANK AND TRUST COMPANY by
payment against presentation of your sight draft(s) drawn on us, at our office, on or before the
Expiry Date when accompanied by the following:
J. This Original Letter of Credit.
2. Statement, purportedly signed by the Beneficiary. stating as follows: "We hereby certify
that the amount of our draft represems funds owed to the City of Wheat Ridge for payment
obligations pursuant to the "Subdivision Improve ment Agreement" dated December 10, 2014
between Quail Hollow Patio Homes, LLC ("Developer") and the City of Wheat Ridge" (the
"City").
This statement signed by the Benetictary pur'luant to the preceding paragraph shall be
conclusive to such matters.
303.293.5500 I GuarantyBankCO.com 1 970.454.4220
0
ffiREVOCABLE STANDBY LETTER OF CREDIT
N0.1854
This page ~hall be attached to and become an integral part of the above referenced Letter of
Credit
Special Conditions
J. It is a condition of tlus Letter of Credit that it shall be deemed automatically extended
wtthout amendment for one year from the present or any future expirat1on date thereof
unless at least ninety (90) days prior to any such date Guaranty Bank and Trust
Company notifies the Benefic1ary in writing by certified letter that it elects not to
consider this Letter of Credit extended for such additional penod.
2. Partial drawings are allowed.
3. This Letter of Credn is not transferable.
Any draft presented must bear the words "Drawn under GUARANTY BANK AND TRUST
COMPANY Irrevocable Letter of Credit No. 1854 dated December 12, 2014."
Except as otherwise expressly stated herein this credit is subject to the Uniform Customs and
Pracuce of Documentary Credits (2007 Reviswn) International Chamber of Commerce,
Pubhcauon 600 (UCP 600).
Thls Letter of Credit will exp1re at our counters, 3:00 p.m. Mountain Standard time on Lbe
Exp1ry Date or any future expiration date thereof.
In case of cancellation of this Letter of Credit prior to Expiry Date, the original of this Leller
of Credit must be returned to us for cancellation with a statement purportedly signed by the
Beneficiary stating thal: "This Letter of Credit is no longer required by us and 1s hereby
returned to the issuing bank for cancellation."
Please address all communications regarding this Letter of Credit to the attention of Guaranty
Bank and Trust Company, Letter of Credit Department, 133 1 17th St., Denver, CO 80202,
mentioning specifically our Irrevocable Leller of Credit No. 1854, issued for the account of
QUAll... HOLLOW PATIO HOMES, LLC.
We hereby agree v. ith drawers and endorser~. and bona fide holders of drafts negotiated under
this Letter of Credit that the same shall be duly honored upon presentation and delivery of the
documents as specified above.
2
G
IRREVOCABLE STAl\lJ)BY LETTER OF CREDIT
NO. 1854
Tbic; page shall be attached to and become an integral part of the above referenced Lener of
Credit
The Letter of Credn sets forth m full the tenns of our undertaking and such undertaking shaH
not in any way be modified. amended. or amplified by reference to any documents or
instrument referred to herein (except UCP 600), or in which this Letter of Credtt is referred to,
or to wluch this Letter of Credit relates, and any such reference shall not be deemed to
incorporate herein by reference any document or instrument.
Sincerely,
GUARANTY BAN~ AND TRUST C9';JPANY / !.. I
!IJn.~/ ~ ~~tUM~~• -C~.-;~oss Thomas V. Hornbacher
Executive Vice President Senior Vice President
3