Loading...
HomeMy WebLinkAbout0029~ 2016042368 5/51201610:34AM ( ~ PGS 18 $96.00 OF $0.00 EleclrorJcally Recorded Jefferson County. CO Faye Gnffn, C er1c and Recorder TD1000 N SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made this 27th of April, 2016 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and Remington Homes of Colorado. Inc, (the "Developer"), together referred to as the "Parties". RECITALS: The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property"), commonly known as Quail Ridge Subdivision. On September 9. 2015 the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property titled Quail Ridge Estates Resubdivision. A copy of the Final 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 contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows: 1. Puroose. The purpose of this Agreement is to set forth the terms, conditions, and fees to be paid by the Developer upon subdivision 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 Ridge 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 Requirements. No other requirements. 3. Fees. The Developer hereby agrees to pay City Development Review fees to the City for engineering, hydrological, surveying, legal, and other services rendered in connection with the review of the subdivision of the Property. 4. Parkland dedication fee-in lieu. Fees in lieu of land dedication, calculated pursuant to the formula in Section 26-413 in the amount of FIFTY THOUSAND FIVE SUBDIVISION IMPROVEMENT AGREEMENT 10/14 1 HUNDRED FORTY AND 40/100 DOLLARS ($50,540.40 USD) shall be paid at the time of recordation of this Agreement. 5. Title Policy. Prior to recording of the final plat (or, if no plat is associated 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 interests in real property (easements, etc.) to be reserved for public purposes or dedicated to the City shall be provided to the City. The title commitment shall show that all such property is 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 which are not yet due and payable) which would make the dedication or reservation unacceptable as the City determines in its reasonable discretion. The City, in its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided within thirty (30) days after the recording of this Agreement, in an amount equal to the fair market value of the property so dedicated or reserved. 6. 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 authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare: to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. 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 its intent to take any action under this paragraph during which thirty day period the Developer may cure the breach described in the notice. 7. 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 construction documents (the "Public Improvements" or "Improvements") as approved by the Director of Public Works or designee of the City, shall be installed SUBDIVISION IMPROVEMENT AGREEMENT 10114 2 and completed at the expense of the Developer within the timeframes set forth in Section 9 of this Agreement. The itemized costs of the Public Improvements required by this Agreement and shown on the construction documents approved by the Director of Public Works of the City are set forth on Exhibit C. All Public Improvements covered by this Agreement shall be made in accordance with the construction documents drawn according to regulations and 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 locations for the Public Improvements are based on information that was available at the time of approval of the Final Plat. Additional Public Improvements may be required, and Developer shall be responsible for submitting revisions to the Final 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. The Developer shall also warrant any and all Public Improvements which are conveyed to the City pursuant to this 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 in materials or workmanship for a period of two (2) years as stated above. (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer and its successors and assigns, to maintain the required landscaping in perpetuity. The City will finally accept for maintenance all Public Improvements, exclusive of landscaping materials, after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. 8. Observation. Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. SUBDIVISION IMPROVEMENT AGREEMENT 10/14 3 Observation and testing, acquiescence in, or approval by any engineering inspector 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 in the manner hereinafter set forth. The Director is 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 in 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 assist him in this work Developer shall make available for inspection any records kept by Developer. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director and his authorized representatives shall have free access to the work at all times, 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 if the work is being performed in accordance with the plans and specifications. He will in no way be responsible for how the work is 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 decision of the Director. SUBDIVISION IMPROVEMENT AGREEMENT 10/1 4 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 November 151 2017, and proper application for acceptance of the Public Improvements shall be made on or before such date. Upon completion of construction by the Developer of such Improvements, the City's Director of Public Works or designee, shall inspect the Improvements and certify with specificity its conformity or lack thereof to the City'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 City shall accept said Improvements upon conveyance; provided, however, the City shall not be obligated to accept the Public Improvements until the actual costs described in this Agreement are paid in full by the Developer. 10. Protection. Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, injury 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 provide and maintain 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 site 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, omission, 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 times, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public. Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable 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 10/14 5 11 . Related Costs -Public Improvements. The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at its sole cost and expense, including final drainage study letter certified accurate by a professional engineer registered in the State of Colorado. 12. Improvements to be the Property of the Citv. All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City 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, in the real estate records of Jefferson County, which recording shall occur no later than ninety (90) days after the execution of this Agreement, furnish the City, at the Developer's expense, with the Performance Guarantee described herein. 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 required by Section 26-418 Security for Required Improvements, of the Wheat Ridge Subdivision 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 credit to the City in the manner provided herein shall negate the City's approval of this Agreement. Letters of credit shall be substantially in the form and content set forth in Exhibit D, if applicable, and shall be subject to the review and approval of the City Attorney. The Developer shall not start any construction of any public or private improvement on the Property including, but not limited to , staking, earthwork, overlot grading 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 Public 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 Director of Public Works' estimate shall govern after giving consideration to information provided by the Developer including , but not limited to, construction contracts and engineering estimates. The purpose of the cost estimate is solely to determine 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 10/14 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 notice, provide the City with a new or amended letter of credit in 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 City may exercise the remedies provided for in this Agreement; provided, however, that prior to increasing the amount of additional security required, the City 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 within the period of time specified by paragraph 9 of this Agreement or a written extension of time mutually agreed upon by the parties 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 within fourteen (14) calendar days and the Developer has not yet provided a satisfactory replacement, the City may draw on the letter of credit and either hold such funds as security for performance of this Agreement or spend such funds to finish Public Improvements or correct problems with 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 time, the monies may be used to complete the improvements. 14. Indemnification. The Developer shall indemnify 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 this Agreement any act or omission of the Developer, or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements; and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. The Developer shall pay all property taxes on the Property dedicated to the City 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 it is executed, or concerning the power of the City to impose conditions on the Developer as SUBDIVISION IMPROVEMENT AGREEMENT 10/14 7 set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 16. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 17. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. There shall be no modification of this Agreement except in writing , executed with the same formalities as this 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 their designees except in 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 intent 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 respective 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 constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided , nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 22. Invalid Provision. If any provision of this 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 intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void , and the other which would render the provision valid , then the provision shall have the meaning 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 contained herein, venue of such suit or action shall be in Jefferson County, Colorado. SUBDIVISION IMPROVEMENT AGREEMENT 10/14 8 24. Attorney's Fees. Should this Agreement become the subject of litigation to resolve a claim of default of performance or payment by the Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs. 25. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United 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: Remington Homes of Colorado, Inc. 57 40 Olde Wadsworth Blvd Arvada, CO 80002 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 including, but not restricted to, acts of God, weather, fires and strikes. 27. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without 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, Remington Homes of Colorado, Inc, expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the SUBDIVISION IMPROVEMENT AGREEMENT 10/14 9 undersigned individual(s) understand that the City is relying on such representations and wa rranties in entering into this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: J STATE OF COLORADO COUNTY OF \.lQfR.f2:,C/'Y\ By: CITY OF WHEAT RIDGE, COLORADO DEV ) ) ) SS. The foregoing instrument was acknowledged before me this .;:1."] day of 0\ pr-\.9 . 20~. by ChCLrusR Jiclu ptrr41~s SUBDIVISION IMPROVEMENT AGREEMENT 10114 10 (SEAL) Witness my hand and official seal. My commission expires: --f~/2'-'-3'*/~40.........:..~1.,_'")-+--------- SHANNON R Notary PabMc Stitt of ColorHo Notary 10 20054037048 Commission Notary Public SUBDIVISION IMPROVEMENT AGREEMENT 10/14 11 EXHIBIT A L£GAL PESCR)P110N Of PJlQf£RD' A PARCEL Of LAND L.OCA TED Gl THE WEST ONE HALF Of' SEC110N 16, TOWNSHlP 3 SOIJl"H.llAMCE 69 WEST Of ntE 61lt PIUNCIPAL MUIOIAN, COUNTY OF JEfFERSON, STA 1l! OF COLORADO. BEING A PORTION OF LAND DESCRIBED IN RECEPTION NO. 13042942, CQU}(I'Y PUBLIC RECORDS. INCLUDING A 7.j FEET, MORE OR LESS, WID£ STRIP OPLAND DESCRJBED IN RECEPTION NO. 2007001 S.CO, MOflE PARTICUl..AJU. Y DESCRJBED AS FOLLOWS: NOTE: FOR ntE PUlU'OSE OF llfJS DESCRJmON THE BASIS OF DEAR.INOS IS THE SOUTH UN£ OF nrE NORllfWEST QUARTER OF SECTION 16 AS BEARJNO NORlli 89.32'j4" EAST BETWEEN 11fE FOUND 3 INCH DIAME"TER AWMINUM PtPES WITH 3-1/4 INCH DIAMETER BRASS CAP STAMPED LS. 13212 MAJOON<i THE SOUTHWEST CQR}IEfl AND THE SOIJTliEAST CORNER OF SAID NOftTHWEST QUARTER. COMMENCING AT ntE SOUntWEST CORNER OFSAJD NORllfNESTQUARTER Of SECTION 16: THmJCE NORllf Wll'S4" EAST ALONG Tire SOUnt LINE Of SAID NORTltWEST QUARTER OF SECt10N 16, I 329.67 FEET TO A FOUND J/4 INCH DiAMETER R.EBAR WTTH 2-1/l INCH DIAMETER AUJMJJIIUM CAP STAMPED L.S. 16427 MARlUNG TH£ SOUntWESTCORNER OFll!E SOUTHEASTQUARTD. OF SAID NORTHWEST QUARTI!R OF SECTION 16; 1lfE.NC£ CONTTNUTNG ALONG THE SOUnt LINE OF SAID NORlli~ QUARTER OF SECTION 16, NORlli rr.J2'j4" EAST. 15.00 FEET TO 11{£ lltUE POINT Of BEGINNING: THENCE A.L0N0 THE WEST l»>EOF LAND OESCJUBED IN R£CEP'nON N0.130tl942. BEING PAilAI..L£1. TO AND IS FUTI!A.STOF Tim WEST UN£ Of ntE SOUntF.AST QUARTER OF TK£ NORTHWEST QUARln Of SAID SECTION 16. NORTH 00"15'04" WEST, 311.39 FEET TO A FOUND 511 INCH OIAMETD l.EBAR WTTH PLASTlCCAP, L.S. 29043; THP.NC£ N<>Rllf IMZSO• EAST. 447.19 FEET TO A POINT ON THE WEST UN£ OF A ST1liP Of LA~'O OESCRJ8ED IN R£CEPT10N NO. 2001001S.CO; THENCE NORTH 19"Jl'S()-EAST, 7.69 FEET TO A POINT 01-1 THE WEST LINE OF SKYLINE ESTATES FlUNG NO.2, R.ECEPT!ON NO. F11167S2, COUNTY PUBUC llECORDS. SAJ.D POINT ALSO BEING ON THE EAST LINE OF SAID STIUJ' OF L.AHD; THENCE SOt1TH 00"12'SI" EAST, ALONG SAID WEST UNE OP SK.YUNE ESTATES FIUNO NO.2. AND ALONG THE EAST LIHE OF SAJD STRIP Of LAND. 311.44 FEET, TO A POINT ON THE SOUTH UNE OP niE NORTHWEST QUAATI!R OF SEcnON 16, SAID POINT BEING niE S0VTHWEST COftNBil OF SKYUNE EST A~ FlUNG NO.2, SAJD POINT ALSO BBINO l1ili SOUTHEAST CORNER Of SAID snJP OF LAND; lliENC£ SOUTH rrll'S-4" WEST, A.LONO llU! SOU'm LINE Of THE NORTltWEST QUARTER Of SEC110N 16, .uiD ALONG 1lfE SOUTH 1.INE Of SAID ST1UP Of LAND. 7.44 FEET TO 1lfE SOCJ1'RWEST CORNER OF SAJD STR.IP Of LAND: nreNCE SOUTH 00'"1 S'l6" EAST, Ill.~ FEET TO 'THE BASE OF A BENT 14 R.EB~ THENCE ON 1lfE NOR1l{f.IU. Y JUQHT -OP-WA Y RJD05 ROAD AS DESCR18£D IN BOOK 11-4 AT PAGE 132, SQIJ1l4 74"44'16" WEST, 463.62 FEET; THENCE ON TH£ WEST IJNE OF LAND OESCRJBED IN RECEP'TlON NO. 1304l90, BEINO PARALL£L TO AND I' fEET EAST 01' mE WEST LINE Of' THE NORTHP.AST OUAATI!R OF THE SOUTHWEST OUAATER OF SAID SECTION 16. NORTH oo•t6'2t• WEST. 300.00 FEET TO nlF. TRUE POINT Of REGtNNJNG. SAID PARCEL CONT AJNS 6.4632 ACRES (2ll,.S36 SQ. FT.). MOllE OR LESS. -6- Cll !:: Cll % )( w 115-182 1/3 ....... I ...,._ ....... ......... :.z::- 115-182 2/3 ' ' l • 4 l I i I ~ il'nHJ1i i~""ilq z 0 I I : . -II (/) I I • . ~J E.~ i,l Hi i(·, ~~~~ I• ~=-ib1 '(" ~,el; fJ'I & ;) 1 JrJ • ; ~ •J -j·i· \Jl•J iU· I l'i ,, I• . ·! ,~ I n·! Iii! ,a;, •rrll t·1r {''fl ( .•1 •I·' •i'l j•if . I J! : E I i :hi r. {l ~d.l ~~ o!!~ ~,h :5 t f; q-1£. (/)d c(n ~ ....... ..... ..., .. ...... _,._ • b>"'.ot.llo• u .... I toe• I ~z ____. r :~~ ei • ! II ~!I .. .. ~~ 'i ., ,f I ~~~ •• ~I ~-J 115-182 3/3 f iilffl f ! I " lii f, !I • 4 I ~ •. i i I I o•j -z-,;: :e !h 11 tnt 1 ~·F ~!, g ~,-'· Cl; 1~ It l i! p q W a~ ~ ~~ .. ./. J ! . I "'' ---=~~ c('· l i . I I • . t ~ I i QUAIL RIDGE ESTATES PUBLIC IMPROVEMENTS -EXHIBIT C u-No. ·--· Unkl Ou.onmy_ u••-at:emCo.tt SIT£ CLEARING I Cl.EARING liND GRU801NG lS 1 $ 20.00000 f 2000000 2 POTHOI.ING LS 1 ' 50000 I 50000 £110$1()H CONTROl. a ~Tr£NCE tr 3520 I 12!> ' <40000 t CONCRETE WASHOUT STFIUCTU!1E EA 1 $ 85000 ' 8!>000 10 VfHIClE TR.-cKJPIG CONTROl fA I s ~ 00!1 00 s 200500 It STABiliZED STAGII40 AREA EA 1 ' 107500 s 1 07500 12 ~llfl PflOTECTION tr 220 ' ?!>0 I 16!>000 ll [ltMPORARY SE£1l'.>4G LS 1 I 6.2MOO s 6.2!500 14 ROCK SOCKS lf .a s 7!>0 I 30000 IS OllllfT PllOTECmt4 SV 3 s 6000 s 16000 16 CIIECKOAM £11 I I 391100 s moo 17 >.>OiliUZA liON EA 2 I 10000 ' 20000 EARTliWORK 11 srTf GRACING Cl' 502!> s 3;>5 s 16,l31 25 18 FOliNOATION SUO (XCAVATION'' rROHTAGE IUPROYEMEHTS .. ASPHALT 5' H!.IA ,_~.-1r N1C sv 1351 I 21~ s 39.9 .. 60 21 CURB & GUliUI lf 0 I 2000 22 soorwAU< SY 0 $ JOOO 2:! CURB RAMPS EA 0 I 1 87500 ROAD IMPROVEMENTS UJ c 8(1) w > 0 a:~ c:r:: ~~ CD a. ~ 0 a. <D N <1: ~ -~2 0 T"" -N .q ~ u.....J -0 en 0~ ~ 0 E -~a.. ~ ~ .0 0 ::1 CJ) C3 w w "0 ~ () c: w N 0 0:: 2• ASP!W T <'I ... A o."'lr NIC SV <52• I 23!>0 ' 108 664 00 ~ CU!IA&GUTIIR (A I I U~ltt 6J $ 1<5;>91&3 27 61afWAlK SY 0 $ 3000 28 11' CONCRETE PAN Lr 75 s "00 s 2t SKININO AND SI'IIIPING' u; I s , .. 111!>0 I ••tat~ STOIIM SEWER --- 3D 181NCH RCP ClASS Ill tr 3liQ s •125 ' 1• a!>Ooo 31 24 11'1(;11 IICP CLASS Ill tr 24 IS 6125 $ I 47000 32 36 INCH RCP ClASS Ill tr SS2 s 100!10 $ 5$69660 J3 Q ffi:H IICP ClASS Dl lf 48 s 12'36!, s s.m:oo 34 II' FE$ EA I I 70230 s 711:'30 l5 36' fES [A 1 ' I 455 OS ' I 45505 36 42" rts EA I s I.SJa 70 ' 1.538/0 37 18' lllASH RACI\ EA I ! 385 70 s 38S?O 38 J6' TRASH RACK EA 1 s 810 to s 610!10 39 •T TRASH RACK [A I I 68055 I 68055 40 TOf NAU & I'AST£1<fRS 01\ 18 fA I I !>0'7111 s !>0'7!10 .. TO( WAI.l & FASTENfRS OH 36' LA I s 706115 ' 70895 •2 TOE WAI.L & FASThNfRSON q· EA I s mJO I m3o •3 EXTRA DEPTH TRfNCII B 10' FOil 18 THRU 31r If 235 ' • 10 s 96350 ... STORM SEWER MNIHOt£ 15' OIA £A 3 s 2.129!0 I 6.3ei .a •s flATUO EA : ' <3195 ' 88310 <6 STORM SEWER I.IANHOI.E IBOX BASfl TA I I 664195 s B !i'lll'5 •7 BREAI< INTO EXISTING loU-! O!IINI £T [A 1 s Wt5 ' 687 95 •a AIR EXISTIN01Yf'( 0 INI.t:l W/5 Mil [A I ' ll84 85 s llM8S 49 SOl. RIP RAP TN 198 ' sa .a s 11,'!6320 !lD GRAVEl a£0 W· F~nmC Th 156 I o&3&5 I 2110!10 51 WR CURBIHI.fT IOOUillEl EA 1 s 508510 I 5.08510 52 WR CURBit~fT fmtf'lE EA 6 ' 7 55595 s 45335 70 53 TYPE liCOMBOINlfl [A 2 s 7 66905 $ 15 338 10 S4 TYP£ C INlET [A I $ 364830 ' 3,648 JO 55 COOT TYPE CO-m £T STRUCTURE EA I s 19.<174 10 s 1947• 10 56 COtmE<:TTOEXIS11'i':l STORU tll£1' fA 0 s 2000CO 57 2 CONCRETE TRICKI.£ CHANNfl lf 75 ' S500 s t.t2SOO sa RfTAIM'G WAI.l MS£' sr 15!19 ' 2210 s 36.457 20 59 PFRMIT PLAN R(VIEW FOil WAll lS 1 $ 1 r.oo1 s I 74007 60 IMPORT 157 161' CRUSI1EO ROCK m m ' 2:!00 ' G 55500 61 RrTA<NING W.All PIP£ PEN£TRAriON [A 2 s 100000 $ 2.00000 6'2 P£ D£STRIAN AAillt«l v 2Ci) I 7SCO ' 1800000 IRRIGAllON • JUCHUI DITCH REAUGI41o1EHT ll3 IS INCH RCP ClASS Ill tr •o ' •2 20 s 1.68800 64 1a· rF.s EA I s 70230 I 70230 llS 1&' TRASH RACK EA I s 38!70 s 36370 !:6 TO[ WAll F'AST£1<ERS ON 15 [A I 's 5JJ •s s 53345 67 14' • 23" HERCP Lf !>0'8 s 6120 s 3653780 58 , •• X 23' H£1\CP f£S (A I ' I 06325 s 1.063~ 69 HFRCJ>TRA.SH RACK fA I $ 517 30 ' 517:10 10 I"OE WAll & F'ASThNI:"RS OH IICRCP (.A I s S.OlO ' S.O:JO 71 STOR\1 SEWER MANtiOt.E S DIAl fA 2 $ 2 12910 ' 42$!1110 12 STOIU.t SEWER MANHOLE !fC<:fNTRICI [A 2 ' 161:135 I 334070 13 FLOW Fill CY 21 $ 11800 ' 2•7800 74 FrNCE AT DJTCII OUTTAU tOWN LINK lr 20 $ 3000 ' GOOOO MISC CONSTRUCTION ITEMS 75 COI'IST!IUC~Il>< IIVEV STAKING I'· s 195&500 I 19S9SOO 76 >.>Oil lliZA T1Q!'. 15 I ' ~00000 $ ~00000 n T£UP eot;STRUCTlON rENC,~;Q tr 500 I 1000 s 5.00000 78 I'IIAfrlC CONTROl' IS I I 2500000 $ 2500000 ~or•trn• s 7.U<'J8~ :ln. CoyCOndftli""'Y I 188074615 Toi.IICoac: s 1130.37131 ,._lOll BOKf, NA 1(918) 588-6601 I 1(800)285-6829 INTERNATIONAL BANKING CENTER ONE WILUAMS CENTER, PLAZA EAST TULSA, OK 74172, USA EXHIBITD STANDBY LETTER OP CREDIT -DRAFT DATE: 04/18/16 WE HAVE PREPARED THIS DRAFT UPON REQUEST AND BASED ON INfORMATION SUPPLIED TO US. NO REPRESENTATION OR COMMITM.ENT IS MADE BY US REGARDING THE ACCURACY OR SUITABILITY OF THIS DRAFT FOR ITS INTENDED PURPOSE OR THE WILLINGNESS OF OUR BANK TO ISSUE A LETTER Of CREDIT IN THIS OR ANY OTHER FORM. DRAFT APPROVED BY: APPLICANT'S SIGNATURE (Pls initial rest of pages & send all pages back) L/C NO : TYPE: AMOUNT: DATE OP EXPIRY: PLACE OF EXPIRY : APPLICANT : <TO BE ASSIGNED WHEN ISSUED> IRREVOCABLE 930,373.00 USD (ONE YEAR FROM ISSUANCE] TULSA REMINGTON HOMES OF COLORADO, INC. 5740 OLDE WADSWORTH BLVD ARVADA, CO 80002 BBNBPICIARY: THE CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 GENTLEMEN: WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AVAILABLE BY YOUR SIGHT DRAFTS DRAWN ON BOKF, NA, INTERNATIONAL BANKING CENTER, ONE WILLIAMS CENTER, PLAZA EAST, TULSA, OK 74172 FOR ANY SUM OR SUMS NOT TO EXCEED IN TOTAL NINE HUNDRED THIRTY THOUSAND THREE HUNDRED SEVENTY THREE DOLLARS AND 00/100 USD ($930,373 00). WE HEREBY AUTHORIZE YOU TO DRAW ON US FOR THE ACCOUNT OF REMINGTON HOMES OF COLORADO, INC., ACCOMPANIED BY THE FOLLOWING: YOUR SIGNED STATEMENT BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF WHEAT RIDGE THAT 'DRAFT IS BEING 1) DRAWN IN PAYMENT OF STREET IMPROVEMENTS I NCLUDING, BUT NOT LIMITED TO, CURB, GUTTER, SIDEWALK, ASPHALT PATCHING, STREET PAVING, AND OTHER STREET I MPROVEMENTS ASSOCIATED WITH THE QUAIL RIDGE ESTATES RESUBDIVISION -PUBLIC IMPROVEMENTS DEVELOPMENT.' AND/OR 2) DRAWN IN PAYMENT OF STORM DRAINAGE IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, DETENTION POND GRADING, POND OUTLET STRUCTURE(S), STORM SEWER SYSTEM, AND OTHER DRAINAGE FACILITIES ASSOCIATED WITH THE QUAIL RIDGE ESTATES RESUBDIVISION -PUBLIC IMPROVEMENTS DEVELOPMENT.' 3) THIS ORIGINAL LETTER OF CREDIT EACH DRAFT MUST BEAR UPON ITS FACE THE CLAUSE "DRAWN UNDER BOKF, NA LETTER OF CREDIT NO. BOK16SDP02410 DATED (ISSUANCE DATE)." THIS IRREVOCABLE STANDBY LETTER OF CREDIT IS NOT TRANSFERABLE . WE HEREBY AGREE WITH YOU THAT DRAFTS DRAWN ONDER AND IN COMPLIANCE WITH THE TERMS OF THE LETTER OF CREDIT WILL BE DULY HONORED IF PRESENTED TO THE ABOVE MENTIONED DRAWEE BANK ON OR BEFORE [EXPIRATION DATE} . THIS LETTER OF CREDIT IS SUBJECT TO ALL APPLICABLE PROVISIONS OF UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS, 2007 REVISION, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO . 600.