HomeMy WebLinkAboutGarrison VillageRECEPTION NO. f ',I 6 „'
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R.Eta7RDED TH ..TEPPERSf]Id COUI r(jI._ORAi)0
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 21st day of January 2003 by and between the CITY
OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City "), and
Centex Homes - A Nevada General Partnership (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 1
"Property "), commonly known as 4700 Garrison Street
On November 18th, 2002 the City Council of the City of Wheat Ridge, after holding
all required public hearings, approved the final plat for the Property titled Garrison Village
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 Other Requirements In the event the Denver Water Board and Wheat
Ridge Water District declare Stage 3 drought conditions and adopt rules prohibiting
the placement and watering of sod, all areas for which sod was approved on the final
development plan shall be protected with temporary erosion control solutions until
approved permanent solutions maybe placed. The Engineer of Record shall design
and submit a temporary erosion control plan to the City of Wheat Ridge for approval
and placement in the initial construction. The developer shall be responsible for
maintaining all erosion control items. Should the drought conditions improve and
the Board and District allow sod placement and watering, the approved landscape
plan shall be fully implemented within 120 days of such decision by the Board or
District.
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
SUBDIVISION IMPROVEMENT AGREEMENT 5/01
connection with the review of the subdivision of the Property
4 Title Policy A title commitment for the Property shall be provided to the City
The title commitment shall show that all property to be dedicated to the City 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) The
City, in its sole discretion, may accept any dedication regardless of encumbrances The
title policy evidenced by the title commitment shall be provided thirty (30) days after the
recording of this Agreement.
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 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
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 within the time frames 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, the time frames for construction of the Improvements
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 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
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -�-
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 Developer shall 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 conform with specifications approved by
the City Specifically, but not byway 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 to maintain the
required landscaping for two (2) growing season(s)
The City will finally accept for maintenance all Public Improvements 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
7 Installation of Traffic Signal A traffic signal may be required to serve this
development. Determination of the need for the signal shall be made by the City's Public
Works Director, hereinafter "Director ", prior to building permit issuance and based upon
a traffic study for this development approved by the City The Developer shall provide
collateral for the estimated cost of installation of the traffic signal prior to building permit
issuance, if the Director has determined that a signal is needed Prior to building permit
issuance, the Developer shall provide traffic signal plans for approval by the Developer and
the Colorado Department of Transportation
The Developer shall notify the City in writing, a minimum of one hundred sixty (160)
days prior to the desired time of installation /modification of the traffic signal in order to
allow the City to coordinate the timing of the traffic signal improvements If the Director
approves installation of the signal based on meeting traffic warrants, the City shall then
notify the Developer in writing of the exact amount required for the traffic signal
improvements The Developer shall then make payment to the City in cash for the required
amount within sixty (60) days of receipt of such letter The City will not commence traffic
signal improvements until the Developer has paid to the City the total amount determined
by the Director to be the total cost of improvements
SUBDIVISION IMPROVEMENT AGREEMENT 05101 i
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 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 noway 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 maybe 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 January 9, 2004 and proper application for acceptance of the
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -4-
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 director 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
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 City All Public Improvements for roads,
concrete curb and gutters, public storm sewers and public drainage improvements
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -S-
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 -413 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, earth work, 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 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
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -6-
mutually agreed upon 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 i
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 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
SUBDIVISION IMPROVEMENT AGREEMENT 05101 -7-
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
24 Attorneys 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 asset forth below Either party by notice so given may change the address
to which future notices shall be sent.
Notice to Developer Mark Krivel, Division President
Centex Homes - A Nevada General Partnership
9250 East Costilla Avenue #200
Greenwood Villiage Colorado 80112
Notice to City Tim Paranto
Director of Public Works
7500 West 29 "' Avenue
Wheat Ridge, CO 80033
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -9-
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 orAssicgnments 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, Centex Homes 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 undersigned individual(s) understand
that the City is relying on such representations and warranties in entering into this
Agreement.
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -9-
WHEREFORE, the parties hereto have executed this Agreement on the day and year first
above written
CITY OF WHEAT RIDGE,,eOLQRADO
, r �
tchen Cerveny, Mayor
I
ATTEST
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Wapd2h Ong, City Clerk-- -
AF) O D AS_T ' FORM
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aid Dahl, City Attorney y
STATE OF COLORADO
COUNTY OF I>
ss
The foregoing instrument was acknowledged before me this
2003, by !
of
Witness my hand and official seal
My commission expires
PT 'SMijy
bTAR ; Notary Public
A O
My Co , ssro r Expaos 03/11/2004
DEVE /
Mark Krivel, Division President
day of
as
SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -10-
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NOTE$.
1. BENCHMARK - CITY OF WHEAT RIDGE NO. 4509, BRASS CAP IN RANGE BOX,
AKA N T/* CORNER; SECTION 22, WTERSECT- OF 48TH PLACE AND
GARRISQN, "NEAT Rig" DATUM.
ELS.YATt0%- 5342 oP 'N GS.
BEARINGS MESWSED ON THE NORTH LINE OF THE NORTHEAST 1/4
OF BIECTTON 22, CWNVFY OF JEFFERSON. STATE OF COLORADO
AS BEARRIS No' 34'34'E. BETAEEN THE MONUMENTS'
SNOW HEREON.
2, THIS SUBDIVISION IS LOCATED WITHIN AND WLL BE SERVICED BY THE
WHEAT RIDGE WATER DSTRICT AND CLEAR CREEK SANITATION DISTRICT.
3. VMS SURVEY DOES. RaT CONSTITUTE A TITLE SEARCH BY ASPEN SURVEMINO, INC.
AND /BR PARAGON ENGINEERING CONSULTANTS, LNG TO DETERMINE OMVERSHIP OR
EPNSEM{NIS OF 89000. FOR ALL INFORMATION. BSOARSING EASEMENTS,
R1614T9-OF -INKY APO 11419 OF RECORD ASPEN SYNC. INC. AELA2. UPON THE
COMNIIVEMT FDR TKU /KSURANCE. GIgWA AAENF HO. RC 35566BOO TRED'AMEO BY
AMERICAN MERITAOE PTLE COMPANY COMMOTMENT.DATE AUGUST 1, 2000.
C ANY PERSOII WHO KNOVANGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND
SURVEY MOMIRIENT OR LAND. SOUNOARY'MONUMENT OR ACCESSORY, COMMITS A
CLASS TW0 (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18- 4 -500 . C,R.S.
5, THE IMJORITY OF THE SUIZ4YED PROPERTY LIES WIAIM AN AREA OF SPECIAL
FLOW NAZMTD, AS SHOWN ON FLOOD INSURANCE 4 AT6 MAP NO, 095049 0005 C.
CITY OF 04EAT NOW. GOLCRI EFFECTIVE DATE FEBRUARY 4, 19 ", ZONE B
AND A SMALL PORTOAI OF ZONE C ALONG THE SOUTH FRONTAGE ROAD.
6. NOTICE. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED LAW ANY DEFECT IN THIS SURVEY '".THIN. THREE YEARS AFTER YQU
95COWR SUCH DEFECT. IN NO EYErNT. MAY ANY ACTION BASED UPON ANY
DEFECT IN TINS %RVEY SE COMMENCED -MORE THAN TEN YEARS FROM Fie DATE
OF TIE CERIWICAAOL SHOWN T HEREON.
T ZDMNG SURD, t
4. SARRISON N11AGE NONEDWNER$ ASSOCIATION 04L BE RESPO1SISLE FOR ME
MAINTEAIANCE OF THE VOW MENT SIGNS AND LANDSCAI NG WTHRN, THE TRAFFIC
ISLAND AREAS OF FLOWER STREET.
9. TCN-POOT (10'} NICE UTILITY EASEMENTS ARE HEREBY GRANTED ON PRIVATE
PROPERTY AOAPENT TO LLL PUBLIC' STREETS IN THE SL_BBIA 014 OF PLATTED
AREA NCWDtNG LOTS, TRACTS, PARCELS AMMO /OR OPEN SRACE AREAS. THESE
EAMT ARE. DEDICATED FOR THE NSTALLAAQN. MAIN�TENAN(:E. AND
REALAACCEE MT OR ELECTRIC. GAS, TELEVOON -CABLE AND TEtEGOMMNINNCATIONS
FAQAJTIES UTN.ITIE5 SHALL ALSO, BE RERMITTED 'WTHIN ANY ACCESS EASEMENTS
AND'PNNUATE STREETS IN THE S0990,45I0N, RERMANEW wituCTu AS AND WINTER
METERS SHALL NOT BE PERMITTED MTHN SAID UTILITY EASEMENTS.
"M COMR404 TREE
LORMiD 4112 ?5
WNEATRNOE COL,ORAWO ED2L$
BBRt5
40 rARY PUBLIC
SUBWASED AND WQRK T4 ME THIS DAY OF
tWTNESS MY NAND AID t]I QAL SEAL
MY CflMAUS1011 EkP U "/ " / --- lA
NOTARY' SEAT.
1/
V!C
NOTE$.
1. BENCHMARK - CITY OF WHEAT RIDGE NO. 4509, BRASS CAP IN RANGE BOX,
AKA N T/* CORNER; SECTION 22, WTERSECT- OF 48TH PLACE AND
GARRISQN, "NEAT Rig" DATUM.
ELS.YATt0%- 5342 oP 'N GS.
BEARINGS MESWSED ON THE NORTH LINE OF THE NORTHEAST 1/4
OF BIECTTON 22, CWNVFY OF JEFFERSON. STATE OF COLORADO
AS BEARRIS No' 34'34'E. BETAEEN THE MONUMENTS'
SNOW HEREON.
2, THIS SUBDIVISION IS LOCATED WITHIN AND WLL BE SERVICED BY THE
WHEAT RIDGE WATER DSTRICT AND CLEAR CREEK SANITATION DISTRICT.
3. VMS SURVEY DOES. RaT CONSTITUTE A TITLE SEARCH BY ASPEN SURVEMINO, INC.
AND /BR PARAGON ENGINEERING CONSULTANTS, LNG TO DETERMINE OMVERSHIP OR
EPNSEM{NIS OF 89000. FOR ALL INFORMATION. BSOARSING EASEMENTS,
R1614T9-OF -INKY APO 11419 OF RECORD ASPEN SYNC. INC. AELA2. UPON THE
COMNIIVEMT FDR TKU /KSURANCE. GIgWA AAENF HO. RC 35566BOO TRED'AMEO BY
AMERICAN MERITAOE PTLE COMPANY COMMOTMENT.DATE AUGUST 1, 2000.
C ANY PERSOII WHO KNOVANGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND
SURVEY MOMIRIENT OR LAND. SOUNOARY'MONUMENT OR ACCESSORY, COMMITS A
CLASS TW0 (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18- 4 -500 . C,R.S.
5, THE IMJORITY OF THE SUIZ4YED PROPERTY LIES WIAIM AN AREA OF SPECIAL
FLOW NAZMTD, AS SHOWN ON FLOOD INSURANCE 4 AT6 MAP NO, 095049 0005 C.
CITY OF 04EAT NOW. GOLCRI EFFECTIVE DATE FEBRUARY 4, 19 ", ZONE B
AND A SMALL PORTOAI OF ZONE C ALONG THE SOUTH FRONTAGE ROAD.
6. NOTICE. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED LAW ANY DEFECT IN THIS SURVEY '".THIN. THREE YEARS AFTER YQU
95COWR SUCH DEFECT. IN NO EYErNT. MAY ANY ACTION BASED UPON ANY
DEFECT IN TINS %RVEY SE COMMENCED -MORE THAN TEN YEARS FROM Fie DATE
OF TIE CERIWICAAOL SHOWN T HEREON.
T ZDMNG SURD, t
4. SARRISON N11AGE NONEDWNER$ ASSOCIATION 04L BE RESPO1SISLE FOR ME
MAINTEAIANCE OF THE VOW MENT SIGNS AND LANDSCAI NG WTHRN, THE TRAFFIC
ISLAND AREAS OF FLOWER STREET.
9. TCN-POOT (10'} NICE UTILITY EASEMENTS ARE HEREBY GRANTED ON PRIVATE
PROPERTY AOAPENT TO LLL PUBLIC' STREETS IN THE SL_BBIA 014 OF PLATTED
AREA NCWDtNG LOTS, TRACTS, PARCELS AMMO /OR OPEN SRACE AREAS. THESE
EAMT ARE. DEDICATED FOR THE NSTALLAAQN. MAIN�TENAN(:E. AND
REALAACCEE MT OR ELECTRIC. GAS, TELEVOON -CABLE AND TEtEGOMMNINNCATIONS
FAQAJTIES UTN.ITIE5 SHALL ALSO, BE RERMITTED 'WTHIN ANY ACCESS EASEMENTS
AND'PNNUATE STREETS IN THE S0990,45I0N, RERMANEW wituCTu AS AND WINTER
METERS SHALL NOT BE PERMITTED MTHN SAID UTILITY EASEMENTS.
6AWW" ": 4
�I
XH181T
4.
Y QQ
4
2 m
F
W :
° a
84TH AVE
AvE.
MAP
( CON T1Nl1ED)
I T 8 Cf3NH NOUT rF�PPACIL "gF.p9RC''p�C�AREA WIU'BE.IAADE
APPROVED
T DIT' OFfPONTNTRG AN PEL5F9M 1
PLANNING COMMISSION CERTIFICATE
THIS IS TO CERTIFY THAT THE WITHIN PLAT HAS,BEEN APPROVED BY THE PLANNING
COMMISSION OF THE CRY OF WHEAT RIDGE, COLORADO.
H AN
MAYORS CERTIFICATE
THIS'1$.TO CERTIFY W AT THE CITY OF WHEAT,RI[2GE, ::COLORADO; BY MOTION OF ITS
CITY 7 H I N'P LAT ON, Ti71$ _DAY OF _JCOX� VOPT AND . - APPROVE
THE WITHIN'PtAT AN6'ACCE T T}1E DEDICATIONS H ON MADE.
a
ATTEST: SEAL
v /I
CLERK AND RECORDER'S CERTIFICATION
STATE OF COLQRADQ (( SS
COUNTY OF JEFFERSON 1
I HEREBY. CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE
JEFFE'RSOWCOUNTY CLERK AND RECORDER AT OOLOCK � t ON THIS
OAY OF 2002, AND IS DULY RECORDED AT RECEPTION NO _
IG+ITS -OF -WAY
FD Vl, IN G C4PIDITION THE LAWN
AT � CL OUXD WATMVG 5 LT`+ D, $7' ME RIGHT OF.�WAY
THE 1f 3 Ag Tp. 1A1N A C�CEAq AND ATTRACTIVE APPEARANCE OF
THIBIR T $E� PCIG'T(iERl8ft7 pE�AVAY::
WE PROPERtt apYERE TO s_ARE T41E ANf#UA COSTS - FOR' "N?ENAryCE IF
MRIN#EN%NGE DI$T�}C`T ISI" D 40 UtEUTY COSTS (E�EGTR�AL AND WFTEOa OF THE
R1G=0"r -1WNY
THE PROPERTY
C. TQ. MEET AS OFTEN AS NECESSARY TO EVALUATE - THE
MAIN IF IY .. 5 ME TO TAKE pPFROPRAA1 AGTION TO'INSURE PROPER
Br.
SURVEYOR'S STATEMENT
ROGER A. VERMAAS.D) 'HEREBY (
A RE R SAtfiE4P' ANOE AEE)EN:T, „WI i0 ENSURE THAT
MfJN t1F i"}IE THIIr` -WE O%1RRhS,B>N,"STItF$1'(RIGHT -OF =WAY IS THE
REESS 'TY' DK 3' . ilSBOEYATIpN,
AILURE TO.COMPUY
MIURE T9 C„ Y MSHI TII_ , 6REE@i {S N RS ]D: OR .Ti, WILL REWIRE
¢ D�T+Y DF:__.xe:,t�+�w� THE PRGPERT�r
WNERS IN G. _ .- 01Y 4REA6E ' g ALL ,GDST$ E
IE ow�g s DF. ATR T I- 1 $ w -y 'gE.
„lo T1R(✓S.
..A}JF} �@;#Y,(E•'CflR#E'R3, NPF
-L- Cl3A}Pf'
ZCCRA, CO 00014
PH 303- 750 -4590
THAT THE SURVEY OF THE - +BOUNDARY OF
DER MY DIRSCT SUPERAASIDN'AMU TO THE BEST
F IN ACOORDA4CE'W1111'ALL APPLICABLE
DON AS AMENDED THE ACCOMPANYING PLAT
DATE OF PREPARATION: 5 -24 -02
REVISED: 9 -4 -02
IISIBIICNT INN
tom A6,Um
CASE HISTORY
wz- DT -.OB
W -M2 -DB
PREPARED FOR
CENTE% HCUES
9g56.'E. COSTUA AVE, #200
GgEENWOaD- ALAGE. COLORADO 90112
Phan._ 3D3- 092 -9810 6t. 123
PREPARED BY:
PARAGON ENGIN,EERtNG CONSULTANTS, INC.
5575 S. �YCAMORE.'SUITE 103
LITTLETON: COLORADO BOT20 303 -794 -8504
OF 2
EXHIBIT B
FOUNQ NO. 4 REBAR W/YELLOW
CAP. TAMPED LS 21W. SET 0. 5 REBAR W /YELLOW PL
CAP STAMPED L$ 24968. -
I
NORTHEAST CORNER
SEC. 22. T3S, R69W
FNO 3 1/4' BRASS
IN RANGE BOX. STAMI
CITY OF WMEATRIOOE
LS 13212, 1484
I
q
�UV
�zr
m
p� N
O <m
Tz
I
T
a
w
0
N
FOUND NO. 4 REBAR W /YELLOW PLASTIC
CAP, STAMPED LS 29043.
GxA
A PORTION OF THE NE 114 OF SC^CT40
CITY OF WHEAT ROM
FIELD STREET(50
7
LOT 1 LOT 2 LOT 3 LOT 4
ZONED
NORTH GREEN t
DRAINAGE DUPLEX
EASEMENT
1
1
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ r _ — — _ _
L -62 L -35
ZONED °PRD "'
'� �� 9a. -wsrx• rs I i I
L c;. 7. YES LOT 1 �<
8 RA04A >40
J a? I o n 20 ' DRAINAGE I OIF j AREA 103,524 S0. FT.vl
VIJ OR J NJ
ji' EASEMERT J - c �" 2,3766 ACRES �u 10' UTILITY a DRAM
�EASEMENT
\. '4 ' -- L-13.1 — — — — — — T2400' 40.05'
n. er
`
'
a
17152
FI-OWER STREET
(50' ROW)
n
SOm� _
50 011_'51 • E
- 50 STREET RIGHT -OF -WAY
1713
HEREBY DEDICATED BY THIS PLAT -
w.r'
AREA ",216 S0. FT. OR
1.0151 ACRE
L�7 .64
Q.W
17352'
U TILITY AND
DRAINAGE l
DRAINA GE EASEMENT L
L -Sa]e
LOT 1 z
c
E m
F r
AREA 163,239 SO. FT - w
J
3.7475 ACRES j s
z
-z51 1
I I
I
ZONED ° PRD"
Z
O
I
.° W
L -39
f1
�
~
6L
O
J
r
J -LI 41
_
T
9. 30' NON - EXCLUSIVE
J L -3 _
Jr
3
UTILITY 4k ACCESS EASEMENT J
�0
L -91 _ - _
- - _..
f
- - X 56 - - h
/
/
1 54 L 541'
- L
10' DRAINAGE Y UTILITY I
20' DRNNA4E /
EASEMENT
EASEMENT (TYP)
L _
1 I L -83 9� 1�
- -- -L -93 - - _
i LL g
DRAINAGE EASEMENT
I .�
9 J
I L - B 9 n
10' DRAINAGE
L_45 m
1
SIDEWA 1
EASEMENT
k UTILITY
EASEMENT (TYP)
_ z
24 ml
/
� 1 _
ACCESS EASEMENT TI I
L -47 _ I
W.e9'S1'36'
N00I322 w 356.06'
AREA 14,394 S0. FT.
I.
p' R- 00'
25.
30" RIGHT -OF -WAY
HEREBY DEDICATED
OR
ry L�39.21'
BY THIS PLAT
O.3304 ACRES
POINT OF BEGINNING —,-- 5' SIDEENTX
�
GA
POINT OF COMMENCEMENT SEND
NORTH 1/4 CORNER
SEC. 22, T3S, R69W — — — — UTILITY AND DRAINAGE EASEMENT
- FNO. 3 1/i BRASS CAP - - UTILITY AND ACCESS EASEMENT
N RANGE BOX. STAMPED DRAINAGE EASEMENT
CITY OF WMEATRIDGE
LS 13212, 1984
O FOUND NO. 4 REBAR */YELLOW PLASTIC
CAP STAMPED LS 29043,
O SET NO 5 REBAR W /YELLOW PUSTIC
CAP STAMPED LS 24%8.
R PL F F'`•}'�' FOUND NO. 4 REBAR W/YELLOW PLAS
CAP, STAMPED LS 29 NO. 5 )ON VAQE- +�' CAP, STAM EDLS 2401 %B OW PLASTIC
� 2Z TO~ 3 W TH, ��� WEST, 611.1 P.M.
'G � �, COLOR AM
833 ACM3
40 _ 0. . 40 8.0
- KALE:
_ _ -4
ROW)
LOT 5 LOT 6
R - 2
'Al LEY SUBDIVISION
IEStUENTIAl-
I
------
LOT 7
I
_ _
LOT 8 j
�
-
I
_-
10' DRAINAGE k.UTILITY EASEMENT
L 37
l 1'1Y
L -13
150 .41
N6 'l6"
L -14
24.00
--30
1-15 152:9.7
DRAINAGE EASEMENT
L -16
z
S
1' -'
I m
° W g
M.15
t 7.4 '
L -18
m °m c
" - ]W
In
24:12
Q. DRAINAGE k UTILITY °
; 1
i= I BLOCK 7
L -21
L -22
EASEMENT (TYo)
U
AGE
' 30:00
'
L -24
m
L- 25:154:86
<v< n II
Z Z nI
29LA9
_�
I I F I^
O
1
^56d 9: lW
-- 0 1 6
Iv
-L_- _ .y ij
69
L -29
I-�w� 100.00
'
DRAINAGE EASEMENT ' !2
24:,00
A < AREA 10,000 50. FT.,
$ OR
U
\ W
TOTAL CURK
d ACRES
a
": , W
R- 175.00
G ,H
° EXE SITE
d
/
OWte- sy32'09' Alto- 3094'04'
�10J�92
ADDRESS: 9105 °
ADDRESS
W. 46
I n LOT 2
L -36
\
WL79
w- S2092'4 2'W GB- 51!'16'{0 "W
n 8.100.00
_
+
L -36
m_ OWty- .
: 'W
:L -39
.4:00
z
5 51.50
L -b
'9:02'0
. '4'Q ^W
CB- S1455'21•W
9& 6
n •I
6
"w
n.za
N0021'26'W
_
S2t'4l'26
S2
\�
SOOIT22'E
J DRAINAGE 6 UTILITY
L -44
38
11,26'
EASEMENT
SOOTM'00'W
OW1,9nY26"
6 \ <� {2 ^l
.36
L -46
0
-36,U
CA -13. {7
/ L,
37.26'
'" B L
w- 5'4510'43'E
{2
'
0
..t< G % L -70 .�
�
L 50
SOOZI'26'E.
<aZ
�
t
7
'
p -150.
OWtn- STYx'IB•
" R- 150.00 11.68' 2500' l
5'2Y
10 0.8.4111.40E ll lY
k U
J n (TYP)
�'e-
/ L -6].5] i
W.57
\ Eh -62s0
DRAINAGE EASEMENT 1l I
w- 515'40'ITW
- 515•]6'VSW.N n
p -40.00
N00' '19 ^ W
TOTAL OL81
m
1 6121'02 -
5 07 22.' 1
R -12200
OWWY16'OY
I 8 -t 5000 n
L -56.79
P�32'.14
L -60.16
C6 -]6.61
OW ta- 2614'1!'
L6 -sblRl 0] "w
L -]1Y2
GF` 51698':] "W r m G -73.18
-
LOT 2
1 T w. Sn4'39'W 1
25' 1 25'
AREA 18,750 SO. FT. J I
2P ACCESS
I
OR _
EASEMENT
1
43
0.04 ACRES v `
\
EXISTING HOME SITE
DDRESS. 80 GARRISON STREET I
46 I
}0'
UTWTY A ACCESS
,
a
m I 1
EASEMENT
d- 90'8'C
L� NAO0EE k UTI
L -19 R =25.00 1
L- 39.33'
EA
EA
WENT (TYP)
WE
J I
-- 1 , 30va -
- :14k6
NGO\I'22'W
- 995.00' -
5' RIGHT OF WAY
30'
DEDICATED BY 1195 S PLAT PUT
FOUND N0. ! REBAlt W(YELLOW PLASTC
v1 CAP STAMPED LS 29043.
30'
SON STREET (60' ROW)
ZONED R -2
CENTER 1/4 CORNER
SEC. 22. T3S, R69W
0.14' SOUTH
FND: 3 1/4
CAP
IN RANGE BOX. STAMPED
CITY OF WriEATRIDGE
LS
73212. 1986
FOUND NO. 4 REBAR W /YELLOW PLASTIC
CAP. STAMPED LS 29043.
SET N0, 5 REBAR W /YELLOW PLASTIC
CAP STAMPED LS 24968.
LINE TABLE
LINE I
LENGTH
I BEARING
L -12
L 37
l 1'1Y
L -13
150 .41
N6 'l6"
L -14
24.00
^
1-15 152:9.7
- _ 5 1167W
L -16
..'24.04
1' -'
L -17
M.15
t 7.4 '
L -18
t23.54
" - ]W
L -19
24:12
1. 'W
L -2G 4
L -21
L -22
= X11:87
175.37
L -. 3
' 30:00
'
L -24
19566':'
L- 25:154:86
L -26
29LA9
L -27
16-1
^56d 9: lW
L -28
5175
L -29
. "81:9
'
L -30
24:,00
'.
L-31
92.62
L -32
.:2A4
": , W
L -34
" 7 .7i
= '
L-35,
24100
% - .
L -36
.:79.40
^w
L -37
.-
L -36
94,43,
: 'W
:L -39
.4:00
X .1 '*
L -b
'9:02'0
. '4'Q ^W
L -41
9& 6
i' - '
L -42
+W
L -43
5
'2 'W
L -44
38
' 'L
-45
71
,
L -46
0
L -47
8
'" B L
-48
5
110'..24
L -49
0
L 50
05
L -51
11
L -52
0
6
4
L -54
4
N00' '19 ^ W
u. ninu 'a�w.
�a op,AO R(p
24968 is
ARCHITECT:
CENTEX HOMES
9250 E. COSTILLA AVE.. #200
GREENWOOD VILLAGE, COLORADO 80112
Phone: 303- 792 -9810 Ed. 113
DATE OF PREPARATION: 5 -24 -02
REVISED: 9 -25 -02
PREPARED FOR:
CENTEX HOMES
9250 E. COSTILLA AVE., #200
GREENWOOD VILLAGE. COLORADO 80112
Phone: 303 - 792 -9810 Ezt. 123
PREPARED BY.
PARAGON ENGINEERING CONSULTANTS, INC.
5575 S. SYCAMORE. SUITE 103
LITTLETON. COLORADO 80120 303 - 794 -8604
SHEET 2 OF 2
46th & GARRISON-STREET PROJECT
Wheatridge, Colorado Date 12 -9-02
ENGINEER'S ESTIMATE FOR COST OF PUBLIC IMPROVEMENTS
Erosion Control
Silt Fence
2,500
2.0
5,000
Straw Bales
20
25
500
Inlet Protection
5
350
2,100
Vehicle Tracking Pad
2
1,500
3,000
Seeding /Mulching
T5
300
2,250
Erosion Control
12,850
Sanitary Sewer
8" PVC
1,290
21.00
27,090
6" PVC
130
14.00
1,820
San Manhole
10
1,200
12,000
4" Sanitary Services
64
600
38,400
Tie to Existing
2
1,500
3,000
Cleanouts
3
300
900
OHsite Worl ie-in
1
3,000
3,000
Sanitary Sewer
86,210
Water System
8 "DIP
2,143
2000 .
42,860
6" DIP
468
1600
7 488
4" DIP
167
10.00
1,670
Rodded Restraint Length
1,949
3.00
5,547
8x8x8 Tee
5
350
1,750
8x8x6 Tee
9
325
2,925
5x6x5 Tee
3
300
900
8x8x4 Tee
1
325
325
22.5 Bend
4
250
1,000
8"GV
11
900
9,900
6'GV
13
650
8,450
4" GV
1
500
500
Fire Hydrant
8
2,300
18,400
3/4" Water Service & Pit
64
600
38,400
8" Blind Flange
3
400
1,200
4" Blind Flange
1
200
200
8" to 6" Reducer
2
250
500
6" Adapter Coupling
4
350
1,400
2" Blowoff
1
1,000
1,000
V Irrigation Service & Pit
1
1,000
1,000
1 1/2" Inigation Service & Pit
1
1,200
1,200
Tie to Existing
2
1,500
3,000
Offiste Work
1
4,000
4,000
Water System
153,615
Storm Drainage
5' Type R Inlet
5
2.300
13,800
6" Trickle Channel, 2' Wdth
480
1200
5,760
16' RCP
755
43
32,465
15 RCP
90
40
3,600
12' RCP
40
37
1,480
Standard Storm Manhole
5
1,800
9,000
18" FES
5
700
3,500
15 "FES
1
700
700
Outlet Structure
4
4,000
16,000
.Riprap Protection
3
1,000
3,000
Concrete U Channel - 4
95
18
1,710
Sidewalk Chase
2
900
1,800
Connect to Exist 15"
1
650
650
Of(site WorkMe -in
1
3,000
3,000
Storm Drainage
96,465
CurblSidewalk/Concrete
Gar St: 5' Detach Walk LF
800
1300
10,400
Gar St Handicap Ramps
2
1,200.00
2,400
Gar St. 6" VertCurb, 2' Pan LF
850
8.50
7 225
170Front: 6" VertCurb, 2' Pan LF
320
8.50
-2,720
1701'ront 4' Attached Walk LF
320
9.50
3,040
170Fro,t: 6" Crosspan SF
1,200
5.00
6r000
461h: 6" VertCurb, 2' Pan LF
350
850
2,975
46th: Handicap Ramps
2
1,200.00
2,400
46th: 4' Attached Walk LF
350
950
3,325
46th: 6" Crosspan SF
1,200
5.00
6,000
Flower, 6" Vert, 2' Pan LF
1,600
8.50
13,600
Flower 6" Vert Mad, 1' Pan LF
240
7.50
1,800
Flower 4' Attached Walk LF
800
9.50
7,600
Flower: Driveway Cut and Apron
10
60000
6000
Curb /S,dewalWConprete
75,485
Paving
Flower Street
Subgrade Prep
2,667
2.00
5,333
Aggregate Base Course Assumm,
16,000
1 00
16,000
HBP (SY -in) - Assume 6" Section
16,000
2.10
33,600
Adjust Valves
6
450.00
2,700
Adjust Manholes
3
250.00
750
Mobilization
1 2,000.00
2.000
Stenllze Subgrade
2,667
0.15
400
Fly Ash (if required)
2,667
5.00
13,335
Garnson St: Sawcut LF
900
2.0
1,800
Gannon St: Subgrade Prep SY
1,350
2.0
2.700
Garrison St: Asphalt SY Assume 7"
1,350
14.7
19 845
Garnson St Relocate Power Pole
2
2,000
4000
170 Front: Sawcut LF
300
2.0
600
170 Front Subgrade Prep SY
340
20
680
170 Front, Asphalt SY Assume 7"
340
14.7
4,998
46th PI Sawcut LF
430
2.0
860
46thRI: Subgrtade Prep SY
375
2.0
750
46thPl: Asphalt SY Assume 7"
375
14.7
5,513
rem-
0
Remove Asphalt (SY)
2,100
4.50
9,450
Traffic Control
1
15.000
15,000
Paving
140,314
Street Signs (and Striping)
1
7 500
7,500
SUBTOTAL
572,439
25% Contingency
143,110
EXHIBIT C
TOTAL ESTIMATE FOR PUBLIC IMPROVEMENTS 1 49
O
~
STANDBY CREDIT
THE CITY OF WHEATRIDGE
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215
GENTLEMEN:
BY THE ORDER OF::
CENTEX CORP.
2728 NORTH HARWOOD
P.O. BOX 199000
ATTN: COMPTROLLER
DALLAS, TX 75219
WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE CREDIT NO: 00327884 1:
THE ACCOUNT OF CENTEX CORP. FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN
THE AGGREGATE US DOLLARS 715 (SEVEN HUNDRED FIFTEEN THOUSAND
FIVE HUNDRED FORTY MINE AND NO/100 US DOLLARS) AVAILABLE By YOUR DRAFTS
AT SIGHT ON BANP ONE. NA EFFECTIVE JANUARY 13, 200� AND EXPIRING AT OUR
OFFICE ON JANUARY 91) 200411
FUNDS UNDER THIS CREDIT ARE AVAILABLE AGAINST YOUR DRAFT(S) MENTIONINb
OUR CREDIT NU#BER,,
THE BELOW~MENTIONED DOCUMENTS MUST BE PRESENTED AT SIGHT ON OR BB�8RE
THE EXPIRY' DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AND
CONDITIQNb OF THIS LETTEP OF CREDIT.
BENEFICIARY'S
NOTARIZE D STATEMENT EXECUTED AND SIGNED BY THE
WHEAT RIDGE, COLQRADO CITY ATTORNEY OR CITY MANAGER (SIGNED M:i
SUCH> READIN\3 AS FOLLOWS:
"IN WITH THE DE�ELOPMENT KNOWN AS GARRISDN VILL��E,
WE CERTIFY THAT THE DEVELOPER HAS CEASED WORy AS REQUIRED BY THE
SUBDIVISION IMPROVEMENT AbREE#ENT AND THAT WOR� SPECIFIED
UNDER THAT Ac*;REEMENT REMAINS INCUMPLETE AND UNFINISHED, AND WE
FURTHERCERTIFY THAT CENTEK HOMES HAS BEEN NOTIFIED ()I:: OUR
INTENT TO DRAW UNDER THIS LETTER OF CREDIT.^'
AND
BENEFI[IARY S SIGNED EJATEMENT STATINt-.i:
"WE ARE ATTACHING AN ITEMIZATION OF ACTUAL CERTIFIED COST FQR
UNFINISHED ITEMS IN THE SUBDIVISION IMPROVEMENT
A8REEMENT, WHICH DOCUMENT INCL|)DES (SUCN A PURPORTED LISTINb."
THE CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY (�REDITS (199I REVISION) I0TERNATI{)NAL CHAMBER OF
(CONTINUED) PAGE 1
MAIL
GLOBAL TRADE SERVICES
MAIL CODE IL 1-0236
CHICAGO, ILLINOIS 60670-0236 U.S.A.
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TEL. (3121954-1969 FAX. (31m) s5w'19m3
DATEK;: J'ANUARY 13,, 2003
DRAFTS DRAWN MUST BE MARKED:
WITH OUR REF NO: 00327884
OPENER'S REFERENCE NO:
DENV327GB4
ORIGINAL
EXHIBIT D
�-1
GLOBAL TRADE SERVICES
w���
���°��_°°�, MAIL CODE IL 1.0236
CHICAGO, ILLINOIS 60670^0236U.$.A.
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OUR REFEREMCEA 0()327884 13 20(MX-
COMMERCE ~ /::UBLICATION 500. EXHIBIT D
WE ENGAbl*:' WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE-K
TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED
ON OR BEFORE THE EXPIRY DATE. THE ORIGINAL LETTER OF CREDIT MUST
ACCOMPANY THE D8COMENTS REQUIRED UNDER THIS CREDIT.
PLEASE ADDRESS ALL REuARDINb THIS LETTER OF CREDIT TO
THE ATTENTION OF OUR LETTER OF CREDIT UNIT, TRADE SEPVICE GROUP.,
MENTIONING OUR REFERENCE NUMBER AS IT APPEARS ABOVE.
V RY TR0^
\ '
SIGNER
PAGE 2
ORIGNAL