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2011100990 SUBAGR
11/07/2011 09:02:55 AM 21 Page(s)
Jefferson County, Colorado
SUBDIVISION IMPROVEMENT AGREEMENT
0/ THIS AGREEMENT made this 26" day of September, 2011 by and between the \
CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City'), /
and the Wheat Ridge Urban Renewal Authority, doing business as Renewal Wheat
Ridge, a body corporate and oolitic of the Stale of Colorado (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 Town Center North.
On September 26, 2011 the City Council of the City of Wheat Ridge, after holding
all required public hearings, approved the final plat for the Property titled Town Center
North. 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. Pu rpose . 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 See Exhibit D attached hereto.
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 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 timeframes 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 timeframes for construction of the
Improvements and The itemized Goats of these Improvements are set forth on Exhibit G
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 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 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
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 any building permit issuance and
based upon a traffic study for this development approved by the City. The Director may
require that the traffic study be revised if the land uses assumed in the traffic study
change. 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 Director.
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
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 K 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
SUBDIVISION IMPROVEMENT AGREEMENT 05101
suspend any work that is being done improperly, subject to the final decision of the
Director. l
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 May 30, 2012, 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
SUBDIVISION IMPROVEMENT AGREEMENT 05/01
through or around his construction operations as Developer and the Director shall deem I ,�
reasonably necessary. U
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, 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 Security for
Required Improvements, of the Wheat Ridge Subdivision Regulations. The City may, in
the best interests of the City, accept as a Performance Guarantee hereunder an
alternate form of security, such as a Performance Bond, which alternate form of
security shall be subject to the City Attorney's approval as to the form and content. The
Developer agrees that approval of this Agreement by the City Is contingent upon the
Developer's provision of an irrevocable letter of credit of alternate form of security 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 or
alternate form of security to the City in the manner provided herein shall negate the
City's approval of this Agreement. Provided, however, the City's Public Works Directors
shall be authorized to extend the ninety (90) day period for providing the letter of credit
or other authorized security upon good cause shown. 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 or
alternate form of security.
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
SUBDIVISION IMPROVEMENT AGREEMENT 05101
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 or alternate form of security 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
or alternate form of security, 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 times
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 the parties to this Agreement, the City may draw on the letter of
credit or alternate form of security 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 or alternate form of security 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 To the extent permitted by law, 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
SUBDIVISION IMPROVEMENT AGREEMENT 05101
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.
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
SUBDIVISION IMPROVEMENT AGREEMENT 05101
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.
SUBDIVISION IMPROVEMENT AGREEMENT 05/01
23. Governing Law The laws of the State of Colorado shall govern the 1�
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 as set forth below. Either party by notice so given may
change the address to which future notices shall be sent.
Notice to Developer: Renewal Wheat Ridge
c/o Board Chair and /or URA Manager
7500 W.29''Avenue
Wheat Ridge, CO 8033
Notice to City: Tim Paranto
Director of Public Works
7500 West 29'^ Avenue
Wheat Ridge, CO 80033
26. Force Maieure 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. Provided, however, the City expressly consents to
performance of the obligations of the Developer by Weston Solutions, Inc. pursuant to
that Amended and Restated Master Redevelopment Agreement dated December 7,
2010, and that Infrastructure Improvement Agreement dated January 18, 2011.
SUBDIVISION IMPROVEMENT AGREEMENT 05/01
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, Renewal Wheat Ridge, 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.
WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written.
CITY OF WHEAT RIDGE. COLORADO
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Mayor
ATTEST:
Michael Snow, City Clerk
SUBDIVISION I MPROVEMENT AGREEMENT 05/01
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Witness my hand and official seal.
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SUBDIVISION IMPROVEMENT AGREEMENT 0SM1
EXNAksm **A"
LEGAL DESCRIPTION
PARCELI:
Our Order Na: ABD70308616 -2
THE WEST 100 FEET OF THE EAST 125 FEET OF THE SOUTH 100 FEET OF THE NORTH 130
FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SECTTON 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M., COUNTY OF
JEFFERSON, STATE OF COLORADO.
PARCEL 2:
THE W 1/2 OF THE NE 1/4 NW 1/4 SE 1/4 OF SECTION 23. TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE 6TH P M.,
EXCEPT THE NORTH 30 FEET IN USE AS WEST 44TH AVENUE,
EXCEPT THE EAST 25 FEET IN USE AS UPHAM STREET, AND
EXCEPT THE EAST 125 FEET OF THE NORTH 130 FEET THEREOF, AND
EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE IN DEED RECORDED JUNE
30, 1987 UNDER RECEPTION NO. 97085220. COUNTY OF JEFFERSON, STATE OF
COLORADO.
PARCEL C
LOTS 3 AND 4, TIME SQUARE SUBDIVISION,
EXCEPT THE FOLLOWING:
THAT PORTION OF LOT 3 LYING SOUTH OF THE NORTHERLY LINE OF LOT 1, TIME SQUARE
SUBDIVISION AS IF EXTENDED FROM THE EAST LINE OF SAID LOT 1 TO THE WEST LINE OF
SAID LOT 1, WHICH LINE BEARS SOUTH 89 DEGREES 55 MINUTES 50 SECONDS WEST AND
WHICH LINE IS THE SOUTH LINE OF THE NORTHWEST 1/4 NORTHWEST 1/4 SOUTHEAST 1/4
SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6'1'U PRINCIPAL MERIDIAN,
AND FURTHER EXCEPTING A PARCEL OF LAND BEING A PORTION OF LOT 3, TIME SQUARE
SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, TIME SQUARE SUBDIVISION, THENCE
NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT
3, A DISTANCE OF 195.00 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS
WEST, A DISTANCE OF 32.25 FEET: THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS
EAST. A DISTANCE OF 133.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3:
THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST, ALONG SAID EASTERLY LINE, A
DISTANCE OF 55.92 FEET: THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 DEGREES 56
MINUTES 20 SECONDS WEST, A DISTANCE OF 328.67 FEET TO A POINT ON THE WESTERLY
LINE OF SAID LOT 3; THENCE NORTH 00 DEGREES 03 MINUTES 46 SECONDS EAST, ALONG
SAID WESTERLY LINE, A DISTANCE OF 87.57 FEET TO THE POINT OF BEGINNING, COUNTY
OF JEFFERSON, STATE OF COLORADO.
PARCELS'
\
THE NORTH 134 FEET OF THE SOUTH 272.3 FEET OF THE EAST 8.45 FEET OF THE EAST 1/2
OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 114 OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF
COLORADO.
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Sxwli,`7
Subdivision Cost Estimate \
Decel lane for 480 of 44th frontage of curb return into Vance Street Mast arm traffic
signal Replacement of landscape and new 5' attached widewalk
Internal Public Infrastructure and Upham St
Permit Fees
Quantity
Unit
$
Unit Cost
Cost
Permit Fees
0
IS
$
-
$
Cut - waste on site
213
CY
$
S
$ 960
Remove C &G
540
IF
$
5
$ 2,484
Replace C &G - Type(
540
IF
$
27
$ 14,580
Asphalt Patch
640
SY
$
60
$ 38,400
Pavement Markings
600
IF
$
1
$ 720
Bored Conduit
300
IF
$
34
$ 12,920
Traffir S,Bnal System
0
€A
$
250,000
$ - Future Phase
Revegetation
0
SF
$
5
$ - Landscape Below
6'Attached Sidewalk w/4 "base
27W
SF
$
6
$ 17,415
Traffic Control
1
IS
$
4,500
$ 4,500
Fire Hydrants
4
EA
$
3,SW
$ 91,979
Internal Public Infrastructure and Upham St
Permit Fees
a
IS
$
-
$ -
Cut- waste on site
1200
CY
5
5
$ 5,400 estimate
Remove C&G
0
OF
$
5
$ - none
C &G - Type 1
24W
OF
$
24
$ 57,600 Internal streets
Asphalt Patch
142
SY
$
60
$ 8,520 Upham
Pavement Markings
3800
IF
$
1
$ 4,320
Bored Conduit
0
OF
$
34
$ -
Revegetation
48000
SF
$
0
$ 2,880
('Attached Sidewalk w/4 "base
14400
SF
$
6
$ 92,880
Traffic Control
1
IS
5
2,500
$ 2,500
Asphalt Pavement
3088
SY
$
36
$ 111,168
8" Water Main
970
U
$
44
$ 42,680
Fire Hydrants
4
EA
$
3,SW
$ 14,000
& Samdaiy Main
0
LF
$
30
$ -
IV SamtaryServrte
SO
OF
$
30
$ 1,8W
Sanitary MH
1
EA
$
4,500
$ 4,500
18 "RCP
301
U
$
42
$ 12,642
24" RCP
100
IF
$
62
$ 6,200
10" ACE
100
IF
$
92
$ 912W
36" RCP
620
IF
5
116
5 71,920
D10R Inlet
4
EA
$
3,800
$ 15,200
Type 1 MH
4
EA
$
4.200
S 16,800
36" FES
2
EA
$
11200
$ 2,400
WQ Pond
1
IS
$
86,000
S 86,000
Electric Distribution
1
IS
$
19,193
$ 19,193
Gaa Olatnbutiun
1
L5
$
17,830
$ 17,830
Street Lighting
1
IS
$
38,000
$ 30,000
Communications
1
IS
$
16,000
$ 16.000
General Conditions
1
IS
$
35,000
$ 35,000
Project Management
1
LS
$
102,000
$ 102,000
$ 796,633
Landscaping and Pedestrian Ughemg
Subdmsmn Landscaping (includes Pedestrian lighting)
$ 252,000
Panda King Landscaping
$ 68,000
S 320,000
Total
5 1
GA
10 W%
$ 121,949
$ 1,330,561
Fee
7%
$ 93,139
$ 1,423,900
Bond
3%
$ 42,711
$ 3,466,4]1
CXI!113 /7
Bond No. \%
KNOW ALL MEN BY THESE PRESENTS: that
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal ", and
hereinafter referred to as 'the Surety', are held and firmly bond unto the City of Wheat Ridge,
Colorado, a municipal corporation hereinafter referred to as "the Owner ", in the amount of
Dollars in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Construction Agreement with the Owner, dated the _ day of
, 20 , for the performance of certain Work (the "Construction
Contract"), which is by reference made a part hereof,
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terns, conditions and agreements of said Agreement during the original
tern thereof, and any extensions thereof which may be granted by the Owner, with or without
Notice to the Surety and during the life of the guaranty period, and if shall satisfy all claims and
demands incurred under such Agreement, and shall fully indemnify and save harmless the Owner
from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the Owner all outlay and expense which the Owner may incur in making good any
default, and then this obligation shall be void;
Otherwise the Principal and Surety shall have the following obligations:
1. If Owner is not in Default under the Construction Contract, Surety's obligation
under this Bond shall arise after:
1.1 Owner has notified Principal and Surely at its address listed herein that Owner
by seven days' written notice intends to terminate the services of Principal or otherwise declare
Principal to be in default of its obligations under the Construction Contract; and
1,2 Owner has declared Principal to be in Default and formally terminated
Principal's right to complete the Construction Contract; and
1.3 Owner has agreed to pay the Unpaid Balance of the Contract Price to Surety
in accordance with the terms of the Construction Contract or to a Principal selected to perform \
the Construction Contract in accordance with the terns of the Construction Contract with Owner.
2. When Owner has satisfied the conditions of paragraph 1, Surety shall promptly
and at Surety's expense take one of the following actions:
2.1 Arrange for Principal, with consent of the Owner, to perform and complete the
Construction Contract; or
2.2 Undertake to perform and complete the Construction Contract itself, through
its agents or through independent Principals; or
2.3 Obtain bids or negotiated proposals from qualified Principals acceptable to
Owner for a contract for performance and completion of the Construction Contract, arrange for a
contract to be prepared for execution by Owner and the Principal selected with Owner's
concurrence, to be secured with the performance and payment bonds executed by a qualified
Surety equivalent to the Bonds issued on the Construction Contract, and pay to Owner the
amount of damages as described in paragraph 4 in excess of the Unpaid Balance of the Contract
Price incurred by Owner resulting from the Principal's Default; or
2.4 Waive its right to perform and complete, arrange for completion, or obtain a
new Principal and with reasonable promptness under the circumstances, after investigation,
determine the amount for which it is liable to Owner and, as soon as practicable after the amount
is determined and approved by Owner, tender payment therefor to Owner.
3. If Surety does not proceed as provided in paragraph 2 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an
additional written notice from Owner to Surety demanding that Surety perform its obligations
under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If
Surety proceeds as provided in subparagraph 2.4 and Owner refuses the payment tendered or
Surety has denied liability, in whole or in part, without further notice, Owner shall be entitled to
enforce any remedy available to Owner.
4. After Owner has terminated Principal's right to complete the Construction
Contract, and if Surety elects to act under subparagraph 2.1, 2.2, or 2.3 above, then the
responsibilities of Surety to Owner shall not be greater than those of Principal under the
Construction Contract, and the responsibilities of Owner to Surety shall not be greater than those
of Owner under the Construction Contract. To the limit of the amount of this Bond, but subject
to commitment by Owner of the unpaid balance of the Contract Price and to mitigation of costs
and damages on the Constriction Contract, Surety is obligated without duplication fra-
4.1 The responsibilities of Principal for correction of defective work and
completion of the Construction Contract; and
4.2 Additional legal, design professional and delay costs resulting from
Principal's Default, and resulting from the actions or failure to act of Surety under paragraph 2; o0
and
4.3 Liquidated damages, or if no liquidated damages are specified in the
Construction Contract, actual damages caused by delayed performance or non - performance of
Principal.
5. Surety hereby waives notice of any change, including changes to the
Construction Contract or to related subcontracts, purchase orders and other obligations.
6. Any proceeding, legal or equitable, under this Bond may be instituted in any
court of competent jurisdiction in the location in which the Work or part of the Work is located
and shall be instituted within two years after Owner declares Principal to be in default or within
two years after Principal ceased working or within two years after Surely refuses or fails to
perform its obligations under this Bond, whichever occurs first. If the provisions of this
paragraph we void or prohibited by law, the minimum period of limitation available to Sureties
in the State of Colorado shall be applicable.
7. Any notice to the parties required under this Bond shall be in writing, delivered
to the person designated below for the parties at the indicated address unless otherwise
designated in writing. Only mailing by United States mail or hand - delivery shall be utilized.
Facsimile and e-mail addresses may be provided for convenience only.
OWNER: City of Wheat Ridge, Colorado
7500 West 29" Avenue
PRINCIPAL:
SURETY:
Wheal Ridge, CO 80033
8. This Bond is to be governed by the laws of the State of Colorado.
9. Definitions.
9.1 Unpaid Balance of the Contract Price: The total amount payable by Owner to
Pnncipal under the Construction Contract after all proper adjustments have been made, including
allowance to Principal of any amounts received or to be received by Owner in settlement of
insurance or other claims for damages to which Principal is entitled, reduced by all valid and
proper payments made to or on behalf of Principal under the Construction Contract.
9 2 Default: Failure of the Principal or Owner, as the case may be, that has neither
been remedied nor waived, to perform or otherwise to comply with the terms of the Construction
Contract.
IN WITNESS WHEREOF, this instrument is executed is five (5) counterparts, each one of
which shall be deemed an original, this day of ,
20
ATTEST:
PRINCIPAL
M
(Corporate Seat)
ATTEST:
By:
Attomey -m -Fact:
(Surety Sea])
EVA
Title:
Address:
SURETY
Surety:
By:
Title:
Address:
NOTE: Date of Bond must not be prior to date of Construction Contract and Surety must
be authorized to transact business in the State of Colorado and be acceptable to
the Owner.