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111111111111111~ IIIIIIJIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJ ~ ~~~o~o 2014078867 09/19/2014 08:47:14 AM 18 Page(s) JEFFERSON COUNTY, Colorado SUBDIVISION IMPROVEMENT AGREEMENT @ THIS AGREEMENT made this llP1\.. of feptrM~W. 2014 by and between the \ \{ CITY OF WHEAT RIDGE, COLORADO. a home rule municipal corporation (the "City"), and Millennium Venture Group, Inc., a Delaware corporation, (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 Kipling Ridge. On /V\vtM/2.. 2014 the City Council of the City of Wheat Ridge, after holding all required p~rings, approved the final plat for the Property titled MVG Marketplace Subdivision Filing No. 1. 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. Purpose. 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. Intentionally deleted. 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. 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), a 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 1{)()()(1'1454 DOC'X I : 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. 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 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 perm it previously issued under which construction directly related to such building permit has not commenced, except a building permit 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 . 6. Public Improvements and Warranty. All storm sewer lines, drainage structures, paved streets, including curb, gutter and sidewalk, 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 and completed at the expense of the Developer in two phases (each, a "Phase") within the timeframes for each Phase set forth on Exhibit C. 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 two Phases for construction of the Improvements 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. The Public Improvements within the applicable Phase set forth on Exhibit C shall be substantially complete and granted construction acceptance, with (0t)0(!1l454 1)0( X I I I 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 certificate of occupancy for a building within that same Phase. 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 c.; date the City's Director of Public Works certifies that the same conform with the specifications approved by the City. The City shall inspect the Public Improvements within a Phase within fifteen ( 15) days after the City's receipt of written notice from the Developer that the Public Improvements within a Phase are complete. 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 and any Public Improvements conveyed shall be free from any security interest or other lien or encumbrance. (b) Any Public Improvements so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above. (c) To the degree the Developer is required to install and maintain landscaping on public property, it is the obligation of Developer to maintain the required landscaping. The City will finally accept for maintenance all Public Improvements, exclusive of landscape materials and irrigation system , after the warranty period for the Public Improvements within a Phase 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. 7. Intentionally Deleted. 8. Observation. Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of the Public Improvements 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 (00069454 DOC\ I ! 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 L\ inspection any records kept by Developer. The Director and h1s 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. 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 December 31, 2015, 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. Installation of Landscaoinq and Financial Guarantee. The obligations of the Developer provided for in paragraph 6 and Exhibit C of this Agreement allow issuance of a Certificate of Occupancy prior to completion of landscaping and irrigation system. If occupancy is requested prior to completion of landscaping and irrigation, an irrevocable letter of credit or escrow account shall be accepted for the completion of necessary landscaping and irrigation. Said financial guarantee shall be in the amount of (0()069454.1>0( X I I J one hundred and twenty five percent (125%) of the cost of installation. Letters of credit or escrows shall not be released until all planting and finish materials shown on the approved landscape plan are installed and accepted and the irrigation is installed and functional. The amount of the escrow or letter of credit shall be based on the itemized cost estimate in Exhibit E. Should the required landscaping not be properly installed upon the expiration of the letter of credit or escrow account, the city reserves the right to use such funds to have the required landscaping placed upon the subject premises. Any costs incurred by the city in excess of the funds provided by the letter of credit or escrow shall be recovered by the city through normal lien proceedings. 11. 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. 12. 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 and as-built drawings certified by a professional engineer registered in the State of Colorado. (00069454 IJO\'< I ) 13. 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 City shall be dedicated to the City and warranted for a period of twenty-four (24) months following acceptance by the City of the Public Improvements within a Phase, as provided above. 14. Performance Guarantee. The Parties have entered into that certain Redevelopment Agreement dated April ~. 2014 and because of the Redevelopment Agreement, there is no performance guaranty required to secure the completion of the Public Improvements. After the City's acceptance of the Public Improvements, Developer shall provrde 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. The letter of credit shall be substantially in the form and content set forth in Exhibit D. 15. 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 surt, action, or claim which is as a result of the acts or omissions of (i) Developer, or (ii) any other person or entity for whose act or omission the Developer is liable, 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. 16. 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 set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 17. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 18. 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 rn any court of competent jurisdiction. (00069454.00( X I I } 19. 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. 20. Captions. The captions to this Agreement are inserted only for the l purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 21 . 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. 22. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a wa1ver 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. 23. 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. 24. 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. 25. Attorney Fees. Should any party hereto institute an action or proceeding to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to recover from the party not prevailing all costs and expenses (including reasonable attorneys' fees) incurred by such prevailing party in connection with such action or proceeding and the enforcement of any judgment or settlement obtained in such action or proceeding and, the provisions of any such judgment shall expressly provide for the recovery of such post-judgment costs and expenses. A "prevailing party" includes one who dismisses an action brought under or with respect to this Agreement in exchange for the payment of the sums alleged to be due. performance of the covenants alleged to have been breached or other consideration substantially equal to that sought in such action. 26. 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 (00069454.DOC'X I I 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: Millennium Venture Group, Inc Attn: Jon Rankin 1509 York Street, 3rd Floor Denver, CO 80206 Director of Public Works 7500 West 29th Avenue Wheat Ridge, CO 80033 27. 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. 28. 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. 29. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and sh all 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. 30. Title and Authority. The Developer expressly warrants and represents to the Ctty 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 undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. 1(1001>9454 DOC\ I I ) ATTEST: [00069454 DOC\ I I MILLENNIUM VENTURE GROUP, INC., a Delaware corporation By:~ STATE OF COLORADO ) ) COUNTY OF ~~~~~~---------------) ss. Witness my hand and official seal. My commission expires: ---...:.3=+/t3~q.~J ''-'11-------------- Notary Pubhc (SEAL) (()()(J()C>454.DOC'X I l Exhibit A A PARCEL OF LAND BEING THE COMBINED FOUR PARCELS AS DESCRIBED UNDER RECEPTION No. 94147962, F0358898, F2128181 AND F1630843 OF THE ll RECORDS OF THE COUNTY OF JEFFERSON, SITUATE IN THE NORTHEAST QUARTER OF SECTION 28. TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S00'12'38"E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 40.45 FEET; THENCE S89'12'50"W ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 40.00 TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF NORTH KIPLING STREET AS RECORDED IN BOOK 2444 AT PAGE 376, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF NORTH KIPLING STREET AS RECORDED IN BOOK 2368 AT PAGE 731 , BOOK 2128 AT PAGE 357 AND BOOK 2371 AT PAGE 114 OF THE RECORDS OF SAID COUNTY THE FOLLOWING THREE (3) COURSES 1) S00'12'38"E A DISTANCE OF 189.95 FEET; 2) THENCE S89'12'50"W A DISTANCE OF 5.00 FEET; 3) THENCE S00'12'38"E A DISTANCE OF 435.76 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 28; THENCE S89'14'43" W ALONG SAID SOUTH LINE, A DISTANCE OF 265.10 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH KLINE STREET. SAID POINT BEING 20.00 FEET EAST AS MEASURED PERPENDICULAR TO THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28; THENCE N00'13'24"W ALONG A LINE BEING 20 FEET EAST AND PARALLEL WITH SAID WEST LINE. A DISTANCE OF 310.60 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST 37TH PLACE AS RECORDED IN BOOK 1579 AT PAGE 296 OF THE RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WEST 37TH PLACE THE FOLLOWING TWO (2) COURSES 1) S89'12'50'W ALONG SAID NORTH RIGHT- OF-WAY LINE. A DISTANCE OF 315.03 FEET TO A POINT OF CURVATURE. !000694~4 DOC>, I } THENCE 23.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET. A CENTRAL ANGLE OF 90'33'00'' AND SUBTENDING A CHORD BEARING OF N45'30'40"W A CHORD DISTANCE OF 21 31 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH LEE STREET BEING 20.00 FEET EAST AS MEASURED PERPENDICULAR TO THE WEST LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28; THENCE N00'1 4'10''W ALONG SAID EAST RIGHT-OF-WAY LINE BEING 20.00 FEET EAST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 309.87 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE AS RECORDED IN BOOK 844 AT PAGE 378. BOOK 957 AT PAGE 523 AND RECEPTION No. 86098522 OF THE RECORDS OF SAID COUNTY,SAID POINT BEING 30.00 FEET SOUTH AS MEASURED PERPENDICULAR TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 28; THENCE N89'12'50"E ALONG SAID SOUTH RIGHT-OF-WAY LINE. BEING 30.00 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 590.50 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID BOOK 2444 AT PAGE 376 OF THE RECORDS OF SAID COUNTY; THENCE S45"21'19"E ALONG THE SOUTHWESTERLY LINE OF SAID BOOK 2444 AT PAGE 376, A DISTANCE OF 14.1 1 FEET TO THE POINT OF BEGINNING, CONTAINING 276782 SQUARE FEET OR 6.J5 ACRES MORE OR LESS. ((){){)(,9454.1)0(' \I I t m ~ ,Q ·-.r; )( w ("() OIIMit'S WtnncA rr c.~.,.,.. ___ tc.. 4-....-~-.......... ....... ~eDit ......... .-.-J: ._..., ~ :..~~'::=:~~~~ ..... .::=-:~~ fJI ...,~ .,.,.., ..... 4CIIIM.lll o.wrJUr (II ..,..,. • ..,_., J ~ ........ .,.,, ..... ~ .._...,., on-• .,, ... CilUN'W', ~IU.fll"-....ri!OO_,..IIICI'I'~l'--..-~ ........ ,,..............,~ .... ~ .. ec'JICI' _,,..., ..... ,.,.., ... ~._. .. ......., ..... lt'Jit A Jll'tNG OF ._. rD'fl ~..::"~~·~ :,~~ ,:.,-:--.rr.: :. .... y LM r....., ..U. IJIUT AS~ • _, ,_.. 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N ,..,._.........,., _,~_,. ...... _ .. .,, ....... .. _____ _ .-...cJIW't,..,.~.ltA,.IIf~ ..... COTTOIIWOOD ICMYEQIQ AJID AI&OCIATU, IIC. P.O eo• 694, S~ltC. CO 110136 (J03) !>4i•79il !Ml~® IMJ~~~~Ir~IL~©~ ~l\JJ~!QlO~O~O@~ !FOILOIMC® ~@D ~ A PARCEL SlllJATE IN THE NE 1/4, SECTION 28. TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON. STATE OF COLORADO SHEET l OF 3 1 I ·--I ~ CIDOAL HOII:S i I ....... , I ._ .. 14CHIY~ ,., .. I ..,. It#' .. IUf" .8lfD'D H' ,_... I'NICD ~ YCI •• oiiiiiiiOioD .......... «:AADDf)flt ... ~·.,. .. fOUl L Jkii;T j V M ""'' ~ "~ «PJUJIO ......... ~ICJIDPCJILitlb .. "'~_,,...,.....,..., ClfiiiiiCA_G., .. ,.,_., """" ~..,. .... --~·.a.,. .,_,.llliOI_. ....,,__ • ..U.IDIIIIUftNe~toi'OfW ~-·-IIUJ.., .. ........,f:IINttlf"~AIIt --~ • ,..., ~MOl........,.. ,.., .,._... ~ NIOtll AILL""'IIIt/IJtoW.I..~t•INNQ.-GTri~MR-..,""Coo\aiiiO.._.,• ... 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CQ.OIWIO I o:uwrr, ..tm'JtiOII I CJIIIWf1111fl"t'.._T .. 1\Af.S,.,.. -~--NCII:UI'ftal*' ~ ......... ·~ ..._,.,., ... ~ .,~_ .... _ .... .,.,. ........... ___ . _____ .. ----- ..,....., fltJMfra.a. .. ~ ,. ____ _ - -II IIIOf ....,_.. F' ._ ~ H OTTOT -c.Af...: ...U ""'C M..UfiOOJUADI/IIICA.NteiiJnlllllf......,.._ ... .,. .. ....,. .loW ..... ,... .tUDCDalll. .... ~ ....a•Hr #IO .... C.~-.t•~• N..,.._CA.,.._~_. ...... .,.~M' ~~--or,..,.,....MIU~• ..... ·~ .. ..,.....,... , w Mft'O , 11\&C ..-:. n·--rri 1 L--~~ !EEES5 § -::r- L;';PI.AirtD L""F\ArJt'D -~ ~& t <; &.01' ~Ar POG[ (HN(AI ~ CV. l(U)A !ION -.,o I ""xosr.a~ _'-110. ,,,, '21'54'1: (07 f Olf'Qf ~ SU9~~, ~\'Q@ ~ffi\~~~ir!P->0:.~©~ ~!!JJ!m©OWO~O@OO IPOO:.OOO@ OO@a '11 Ll iOI• j ;,·:-I ="~ t "I -o =~·t;;r~ --:-"":7.. ~,. A\0&.£ -..n-u t4or '-----A PARCEL SITUATE IN THE NE 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M .• CITY OF 'M-IEA T RIDGE. COUNTY OF JEFFERSON. ..... /1·-,.,.~ ... _,_,&-_MJ,_u...,-• .., ... ,,., =-=-\( /"& S , I F f JM» _,.I'W"'W .-.u•]!j ~ft.:'~".,..,_ • 'J:»• I U iJ r' 1~1 ~~~~ ~· ~ I'ARCR Z '"II r • ~~II ·,l!l! ~-' !ill c.-fiJ ,or •e "A.U.C" ~sr. ,...,,, I ,_.. . ..,. ~uft) l ,. .. ,..,, ....... CNt U ~tMI M ~ a,,_ '"-•i conotnrooo aURftDIG a. Alloc:tATal, IIC. P 0 BOX 684, SI'RASSURC, CO 801.16 {lOJ) S49-7t82 \01 I I'ARCR I ~~c:!·== I !1 { !t il~:i ,, I ·i~ . .t ~ ra ~I; 1m I ~:11 • I I .. _. $,;,7ri:f:1::f,ct·~-· ~~ ..... ' ~-..:-to:-'.& :-...,... ~~....... rucR Sl/801\4$1~ ..... ._." -.... ~-=~,~ HI• mil ft ,. ,.,...,,. .. _. CI#IJ JJrl • -- ~ ~i ..... -., ... 9i~ •6 .! :!II ~ ..., C...l 0 J1, __ ,.., ... ~r-w ~ ........... , .. ~rt•""""' -"~· .. ~ .. -·-~CI& II(TAI. .... I• 1/UilL ... I£ClDCI ru :::s; ~s~-~ ~ =:.:.~"•" .....,,-#" N 1' s =.~~~"D~ •..cAtnf'Ciulll~•·.t ...... -------~lh~""" .. o....-:n --------~a...,...~ /'O"IJIC' -------...c..'" ~~-.. rue STATE OF COLORADO SHEET 2 OF 3 EXISTING PARCELS ........ ,. .. ~i~·-r· ......... ~ .. '\':"'m .. !:-:...r~--.. u·· . ; ~ •·· i~ • ~ ., ~ a • . ' I· -~-JY-.~~ • j ~~-----,;;;~ •Not • . ·~ • ..,..,. •. ,';: .. ., i ! .__1~ .i! 3! i i : I $..: .. ~ ·--U!!1L •• ---$ :c~r.,.,.: '..-xnr" • ~~tPn J::':'f'."~ :~· =-·~;. H0/4 ~ ::_.oma. CAS( 16'10111' IL) ' I I ' , .. ,, I ·'''I t i q·,. . . .. ~ t' !' ~-§g~ ;i ,~~~~:! ~:. 0 -~ ~e!• . ~ , . !• ~# . -~ .. ~ H ~~ . LCC STJ!(ll ·~ 'I • .;fl"..N .~ > v; ••• tiO ·-_;z ~~ ~l. I..,.., W"' f f ,. ~~ 4 <o ... ~ ' Exhibit C Installation of public improvements will be in two phases: Phase 1 - Prior to issuance of a Certificate of Occupancy for Lot 2, Lot 3, or Lot 4, all public J (_p improvements along Kipling Street, W. 38th Avenue, and Kline Street will be completed with the following exception: installation of landscaping, street trees, and irrigation is not required prior to Certificate of Occupancy if issuance of the C. of 0 . is prior to 6/1 /2015. Phase 2- Prior to issuance of a Certificate of Occupancy for Lot 1, all public improvements along Lee Street and W. 37th Place will be completed with the following exception: installation of landscaping, street trees, and irrigation is not requ ired prior to Certificate of Occupancy if issuance of the C. of 0 . is prior to 6/1/2015. All public improvements, including landscaping, street trees, and irrigation, shall be completed by December 31 ,2015. (00069454 00('\ I 1 (Indicates U.;er Defined Data) LETTER OF CREDIT# BENEFICIARY: ADDRESS: DATE: EXPIRY DATE: Exhibit D (Bank Letterhead) (L.O.C. #) The City of\Vheat Ridge 7500 West 291h Avenue, Wheat Ridge, CO 80033 (Date of Issue) (Exp. Date) IRREVOCABLE STANDBY LETTER OF CREDIT Gentlemen: For: (Developer's Name) (Developer's Address) We hereby open our IRREVOCABLE STANDBY LETI ER OF CREDIT in your favor available by your drafls drawn on (Bank Name. and Address) for any sum or sums not to exceed m total (Amount of L.O.C.). We hereby authorize you to draw on us for the account of(Dc,eloper's Name) up to an aggregate amount of (Amount of L.O.C.) (engineer's esltmated cost of improvements) available by your drafts at sight for One Hundred and 1\\ enty Five percem ( 125.0%) imoice value accompanied b~ your Signed statement that the above is: I) drawn in payment of street improvements including. but not I united to, curb. gutter. sidewalk. asphalt patching, street paving. and other street improvcmems associated with this development, and/or 2) drawn in paymem of stonn drainage improvements including, but not !united to, detention pond grading. pond outlet structure(s). stonn sewer system, and other drainage facilities associated with this de\'elopmcnt. Drafts must be accompamed by I) a sight draft; 2) a signed statement by an authorized representative of the Beneficiary stating as follows: .. We hereby certify that the amount of our dmft represents funds owed to the City of Wheat Ridge fo r payment obligations pursuant to the conditions stated above, between (Developer's Name) and the City of Wheat Ridge." 3) This origmal Letter of Credit. Each drafi must bear upon its race a clause ·'Drawn under Letter ofCrcdu No. (L.O.C. #)dated (Date of Issue). Th1s IRR EVOCAB LE STANDBY LETIER Of CREDIT is not transferable. We hereby agree\\ ith you that drafts drawn under and 111 compliance w1th the tem1s of the Letter of Credit will be duly honored i r presented to the above mentioned drawee Bonk on or before (Exp. Date). Except as otherwise expressly stated herein, this Letter of Credit and all negotiations hereunder are subject to all applicable provisions of Unifom1 Customs and Practices for Documentary Credits. 1993 Revision, International Chamber of Commerce Publication No. 500. Sincerel y, (BANK NAME) By: (Name and Title of Bank Oflicer) 17 K1phng Ridge SIA Exhlbot Exhibit E Pubhc Improvements Agreement CostOponton DESCRIPTION Earthwork & Storm water Management S1te Preparat1on Concrete Washout Stablliled Construction Entrance Stag1ng Area Erosion Control Matntenance Erosion Control Management Temporary Eros1on Control Total Roadway Bus Stop Concrete Sue Utilities Storm Drain lines Waterlines Curb and Gutter Stdewalk Crosspan ADA access1ble Ramp Klphng Street Pavtng Pedestrian and Street lights Asphalt Patch at RTD Dnves Survevmg Epoxy Pavement Marking Management Traffoc Control Monument S1gnage Stte 51gnage Total Street Lighting TS light Pole Lumtnatre Traffic Signals Ped Head Ped PB loop Reset Optk:um Conduot Pull8ox Lane Control S•gns W1nng Remove Extstmg Sognal Equopment Street Name Sogns Traffic Control Mobllizatton Total Landscaping landscapong Total QUANTITY UNIT UNIT PRICE COST 105,130 SF so 76 $79.377 1 lS $65,342.37 565,342 1 lS $17,704 76 517,705 105.130 SF $002 $2,597 105.130 SF $0.79 $83.260 105,130 SF $016 $16,714 105,130 SF SOlS $15,558 5280,553 892 sr $23 16 $20,656 105,130 SF 50.66 $68,882 90 lF 51.359.52 $122,356 127 lF 523186 $29,447 804 lf 532.66 526,262 1,803 lF $2766 $49,868 722 SF 528.61 $20,656 531 SF S16.67 $8,852 773 SY 575.46 $58,332 22 EA 56.129.92 $134,858 24 SY 5112.13 $3,176 1 l5 $7,441.43 $7,441 1 lS 513.278.57 $13,279 1 LS 511.623.77 Sll 624 1 LS 528.874 41 $28,874 1 lS 561,098.26 $61.098 1 lS $55812 $558 $666,221 1 EA 532,635.78 $32,636 1 EA 5802.62 $803 s EA $1,972.31 $9,862 2 EA $873.43 $1,747 2 EA $466.23 $932 3 EA $1,735.07 $5,205 1 EA 51.133 10 $1.133 385 lF $34.12 513.137 1 EA 51,469.50 $1,469 2 EA 5336 39 $673 1 lS 58.875.99 S8.876 1 lS 54.184.23 $4,184 1 EACH $784.91 5785 1 LS $16,760.51 $16,761 1 lS 56,302.90 $6,303 $104.505 7410 SF $9.59 $71,040 51.122.320