HomeMy WebLinkAboutRocky Mountain Hardwood - SIA - December 2025o $0.00
2025081545
12/22/2025 08:59:37 AM 23 Page(s)
JEFFERSON COUNTY, Colorado
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 15T of 102Q2 _ (the
"Effective Date") by and between the CITY OF WHEAT RIDGE, COLORADO, a home
rule municipal corporation (the "City"), and Rocky Mountain Hardwood Processing, LLC,
(the "Developer"), together referred to as the "Parties."
RECITALS
A. 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 Rocky Mountain Hardwood Planned Commercial
Development and located at 4877 Robb Street.
B. On October 16, 2025, the City approved the phased Specific Development
Plan ("SDP") for the Property titled Rocky Mountain Hardwood Planned Commercial
Development SDP. This Agreement is a condition of approval of the SDP.
C. On September 29, 2025, the City of Wheat Ridge approved the final plat
for the Property titled Rocky Mountain Hardwood (the "Final Plat"). A copy of the Final
Plat is attached hereto as Exhibit B and incorporated herein. This Agreement is a
requirement of Final Plat.
D. On October 7, 2025, the City of Wheat Ridge approved the civil
construction documents titled Rocky Mountain Hardwood Planned Commercial
Development Construction Documents. For purposes hereof, "Final Approvals" means
the SDP, the Final Plat, and the civil construction documents.
E. 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. Related City Agreements and Approvals. The Property is subject to that
certain Outline Development Plan for the Project titled Rocky Mountain Hardwood
Planned Commercial Development recorded with the Jefferson County Clerk and
Recorder under reception number 2022060594 and that certain Specific Development
Plan for the Project titled Rocky Mountain Hardwood PCD recorded with the Jefferson
County Clerk and Recorded under reception number :0a508/5qfo and will
be subject to future review and approval of site plan(s), civil construction documents,
right-of-way permit application(s), site work permit application(s), and building permit
application(s). Through such approvals, the City will review and approve the final
design any development and Public Improvements related thereto. This Agreement is
based on information available at the time of approval of the Final Plat and shall not
constitute approval of the Public Improvement designs.
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. Reserved.
5. Title Policy. Prior to recording of the Final Plat, 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 dedicated to the City shall be
provided to the City. The title commitment shall show that all such property is or shall
be, subsequent to the execution and recording of this Agreement, free and clear of all
liens and encumbrances (other than real estate taxes which are not yet due and
payable) which would make the dedication or reservation unacceptable as the City
determines in its reasonable discretion. The City, in its sole discretion, may accept any
dedication regardless of encumbrances. The title policy evidenced by the title
commitment shall be provided within thirty (30) days after the recording of this
Agreement, in an amount equal to the fair market value of the property so dedicated or
reserved.
6. Breach by the Developer; the City's Remedies. In the event of a breach of
any of the terms and conditions of this Agreement by the Developer, the City 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 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.
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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 (30) day period the
Developer may cure the breach described in the notice.
7. Installation of Public Improvements. All storm sewer lines, drainage
structures, paved streets, curb, gutter, sidewalk, amenity zones, street and pedestrian
lighting, shared access drives, the undergrounding of all overhead utilities, and
necessary appurtenances as shown on the subdivision plat and the associated
construction documents (the "Public Improvements" or "Improvements") as approved by
the City's Community Development Director or designee ("Director"), shall be installed
and completed at the expense of the Developer within the timeframes set forth in
Section 11 of this Agreement and as outlined in Exhibit C. The Public Improvements
shall be substantially complete, with only such exceptions as shall be approved in
advance by the Director in the exercise of his or her sole discretion, prior to the
issuance of the first Certificate of Occupancy for any structure on the Property. The
Public Improvements shall specifically include:
• Curb, gutter, and 5' attached walk along Robb Street, and paving extending to
the back of curb;
• Installation of a streetlight along the Robb Street frontage as shown on the
approved plans; and
• Drainage improvements.
The itemized costs of the Public Improvements required by this Agreement and
shown on the construction documents approved by the Director are set forth on
Exhibit D. 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. 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 construction documents for review of all Public Improvements and/or
revisions to the Final Plat approved by the City.
Construction of public improvements in City Right -of -Way shall be limited to the
hours of 7:00 a.m. to 5:00 p.m. Monday through Friday. The Developer may request to
perform work in the Right -of -Way outside of these days and/or times, subject to
approval from the Public Works Department, and the Developer shall be liable for any
overtime payments required by the inspector (per Section 21-53a of the City Code).
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Construction of private improvements, including construction of buildings,
driveways, private retaining walls, or demolition, and installation of landscaping shall be
limited to the hours of 7:00 a.m. to 7:00 p.m., per Section 5-46 of the City Code.
8. Warranty of Public Improvements. 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 Director certifies that the same conforms to
the specifications approved by the City (the "Warranty Period"). 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 Public Improvements conveyed shall be free from any security
interest or other lien or encumbrance; and
(c) Any and all Public Improvements so conveyed shall be free of defects in
materials or workmanship for a period of two (2) years as stated above;
and
(d) To the degree the Developer is required to install and maintain
landscaping on public or private property, it is the obligation of Developer
and its successors and assigns, to maintain the required landscaping in
perpetuity.
The City will finally accept for maintenance all Public Improvements, exclusive of
landscaping materials, after the two-year 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.
9. Reserved.
10. 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.
C!
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 them in this work Developer shall make available for
inspection any records kept by Developer.
The Director and his or her 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. The Director 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.
11. Completion of Public Improvements. The obligations of the Developer
pertaining to Phase 1 and provided for in Section 7 of this Agreement and Exhibits C
and D, including the inspections hereof, shall be performed on or before December 31,
2027, and proper application for acceptance of the Public Improvements shall be made
on or before such date, including but not limited to the requirement for initial acceptance
by December 31, 2027 with final acceptance by December 31, 2029. The obligations of
the Developer pertaining to Phase 2 and provided for in Section 7 of this Agreement
and Exhibits C and D, including the inspections hereof, shall be performed on or before
December 31, 2030, 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 Director, 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 Director, the City shall
accept said Improvements upon conveyance; provided, however, the City shall not be
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obligated to accept the Public Improvements until the actual costs described in this
Agreement are paid in full by the Developer.
12. Deferred Installation of Landscaping and Financial Guarantee. If a
Certificate of Occupancy is requested prior to completion of landscaping and irrigation,
an escrow account shall be accepted for the completion of necessary landscaping and
irrigation. Said financial guarantee shall be in the amount of one hundred and twenty
five percent (125%) of the cost of installation. 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 shall
be based on an itemized cost estimate for required landscaping and irrigation. The
itemized cost for required landscaping and irrigation shall be accepted at the discretion
of the Community Development Director prior to acceptance of the escrow account.
Should the required landscaping not be properly installed upon the expiration of the
escrow account, the City reserves the right to use such funds to have the required
landscaping placed upon the subject premises. Any costs reasonably incurred by the
City in excess of the funds provided by the escrow shall be recovered by the City
through normal lien proceedings.
13. 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 or her 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 the Property's construction operations as Developer and the Director
shall deem reasonably necessary.
14. 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.
15. 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, as provided above.
16. Performance Guarantee for Public Improvements. In order to secure the
construction and installation of the Public Improvements the Developer shall, within
ninety (90) days after the execution of this Agreement, furnish the City, at the
Developer's expense, with the Performance Guarantee described herein.
16a. Phase 1 Performance Guarantee. The Performance Guarantee
provided by the Developer shall be in the form of 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 Phase 1 Public Improvements to be
constructed and installed as set forth in Exhibit D, if applicable to secure the
performance and completion of the Public Improvements as required by
Section 26-418 Security for Required Improvements, of the Wheat Ridge
Subdivision Regulations.
The Developer agrees that approval of this Agreement by the City is
contingent upon the Developer's provision of an irrevocable letter of credit to the
City within ninety (90) days of the execution of this Agreement in the amount and
form provided herein. Failure of the Developer to provide an irrevocable letter of
credit to the City in the manner provided herein shall negate the City's approval
of this Agreement. Letters of credit shall be substantially in the form and content
set forth in Exhibit E, 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 until the City has received and
approved the irrevocable letter of credit. Notwithstanding the foregoing, the
Developer may obtain the appropriate permits and commence demolition and/or
remediation of the Property and may obtain a grading permit with posting of
appropriate bond prior to the City's receipt and approval of the irrevocable letter
of credit.
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The estimated costs of the Public Improvements shall be a figure mutually
agreed upon by the Developer and the Director, as set forth in Exhibit D if
applicable. If, however, they are unable to agree, the Director's 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 Section 11 of this Agreement or a written
extension of time mutually agreed upon by the Parties to this Agreement, the City
may draw on the letter of credit to complete the Public Improvements called for in
this Agreement. In the event the letter of credit is to expire within fourteen (14)
calendar days and the Developer has not yet provided a satisfactory
replacement, the City may draw on the letter of credit and either hold such funds
as security for performance of this Agreement or spend such funds to finish
Public Improvements or correct problems with the Public Improvements as the
City deems appropriate.
Upon completion of performance of such improvements, conditions and
requirements within the required time, the Developer shall issue an irrevocable
letter of credit to the City in the amount of twenty-five percent (25%) of the total
cost of construction and installation of the Public Improvements (including the
cost of landscaping), 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. If the Public Improvements require
repair or replacement during the Warranty Period and the Developer fails to
complete said repairs or replacement prior to the end of the Warranty Period, the
City may draw on the letter of credit to make required repairs or replacements to
the Improvements.
16b. Phase 2 Performance Guarantee. A Performance Guarantee for
Phase 2 improvements shall be provided by the Developer in the form of an
escrow as a condition of Phase 1 Public Improvement final acceptance, for one
hundred twenty-five percent (125%) of the estimated costs of the Public
Improvements to be constructed and installed to cover the cost of any repairs
required of Phase 1 Public Improvements that result from the installation of
Phase 2 improvements, if applicable to secure the performance and completion
of the Public Improvements as required by Section 26-418 Security for Required
Improvements, of the Wheat Ridge Subdivision Regulations.
Escrows shall not be released until all improvements shown on the
approved plans are installed and accepted. The amount of the escrow shall be
based on an itemized cost estimate for the required repairs. The itemized cost for
repairs shall be accepted at the discretion of the Community Development
Director prior to acceptance of the escrow account. Should the required
improvements not be properly installed upon the expiration of the escrow
account, the City reserves the right to use such funds to complete required
repairs upon the subject premises. Any costs reasonably incurred by the City in
excess of the funds provided by the escrow shall be recovered by the City
through normal lien proceedings.
17. 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 due on any portion of the Property
dedicated to the City and shall indemnify and hold harmless the City for any property tax
liability in connection therewith.
18. 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.
19. Third Party Beneficiaries. There are and shall be no third party
beneficiaries to this Agreement.
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20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
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28. 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: Attn: Sean Imfeld
Rocky Mountain Hardwood Processing
4877 Robb Street
Wheat Ridge, CO 80033
Notice to City: Community Development Director
7500 West 29th Avenue
Wheat Ridge, CO 80033
City Attorney
7500 West 29th Avenue
Wheat Ridge, CO 80033
29. 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.
30. 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.
31. 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.
32. Title and Authority. The Developer 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.
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WHEREFORE, the Parties hereto have executed this Agreement on the day and
year first above written.
[Remainder of Page Intentionally Left Blank]
CITY OF WHEAT RIDGE, COLORADO
By:
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KoreAtites, Mayor
ATTEST:
fccs4�' 2� 3-�--
Margy G Sr. Deputy City Clerk
12
DEVELOPER
Rocky Mountain Hardwood Processing, LLC
By- ni
Name:
Title- QwNak
STATE OF COLORADO )
SS.
COUNTY OF Tr- fftf'Sah )
The foregoing instrument was acknowledged before me this I day of
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a/ he►r' of 9 OCK9 Idlouh{n►h 116rd✓, 06 (0'COCOS; ',���G
(SEAL)
Witness my hand and official seal.
My commission expires: 03/1 o / 207--7
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EXHIBIT A
Legal Description of Developer Property
LOT 1, ROCKY MOUNTAIN HARDWOOD SUBDIVISION, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
14
EXHIBIT B
Final Plat
(see attached)
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EXHIBIT C
Phasing Plan for Public and On -Site Improvements
Public and on -site improvements for the Property shall be installed in a series of
phases pursuant to the approved civil construction drawings including:
• Phase 0 Grading
• Phase 1 General Site Work
• Phase 2 Site -Specific Building Permit
All being subject to the following conditions:
• A grading permit for the piping of the Wadsworth Ditch may be issued upon
approval of civil engineering plans and receipt of financial guarantee.
• Retaining wall permits may be issued upon approval of retaining wall plans and
issuance of a building permit.
• Prior to issuance of any right-of-way permit, site work permit, or building permit,
the irrevocable letter of credit shall be submitted to the City.
• Prior to issuance of each permit the following fees associated with that permit
shall be paid:
o City of Wheat Ridge building use tax
o Building permit and plan review fees
• A site work permit may be issued upon approval of civil construction plans.
• Prior to completion of Phase 1 improvements, the following shall be completed
and accepted by the City as shown in the approved civil construction documents
as Phase 1 improvements:
o Water Quality/Detention facility as shown on plan (including structures and
concrete channel)
o Robb Street improvements, including curb/gutter, F attached sidewalk,
asphalt, traffic signs, stormwater inlet, and street light
o On -site improvements shall be complete including:
■ Asphalt driveway and parking
■ Grading as shown on plan
■ Gravel access drive to serve rear portion of lot and interim gravel
parking spaces
■ East, north, and south fences to include opaque screening
■ Trash enclosure
■ Bike rack
■ Landscaping
• Upon completion of on- or off -site drainage improvements, the Engineer -of -Record
shall provide the City of Wheat Ridge a written, signed and sealed Drainage
Certification Letter (DCL) that must state that the overall site grading was
completed per the approved Grading and Drainage Plans, all drainage facilities
were constructed per the approved construction plans, have the proper volume,
and shall function as defined in the approved Drainage Report/Letter and Plan.
16
The DCL must also state that the site has been accurately surveyed to confirm that
the grading and construction of all drainage facilities was completed in accordance
with these documents. The DCL should compare the proposed and as -built
detention volumes and release rates and typically includes evidence of the as -built
outlet structures and detention facilities if applicable. An electronic PDF file of the
DCL shall be submitted to the City for review and approval and shall be
accompanied with As -Built Plans on the Current City Datum for all constructed
drainage facilities prior to issuance of any Certificate of Occupancy (C.O.) for
the subdivision (reference Code of Ordinances Section 26-417).
• Prior to completion of Phase 2 improvements and issuance of Certificate of
Occupancy, the following shall be completed and accepted by the City as shown
in the approved civil construction documents:
o All remaining Public Improvements and on -site work
o Repair of any damage to Public Improvements installed with previous
phase — separate escrow required pursuant to Section 16 of this
agreement.
• All permits shall be conditioned upon no outdoor storage being permitted within
detention pond.
Exception to the above requirements:
• Installation of landscaping, street trees, and irrigation is not required prior to
Certificate of Occupancy if issuance of the C.O. occurs outside of the planting
season, generally October to June. Refer to Section 12 of the Subdivision
Improvement Agreement.
Summary of Completion Deadlines and Performance Guarantee pursuant to Sections
11 and 16 of this agreement:
• Phase 1 — An Irrevocable Letter of Credit (ILOC) in the amount of 125% of the
cost of Public Improvements pursuant to the approved cost estimate provided in
Exhibit D shall be provided and held until initial acceptance (deadline of
December 31, 2027). ILOC may be released upon completion and acceptance of
the Phase 1 work.
• Phase 1 Warranty — Upon initial acceptance of Phase 1 Public Improvements, a
25% warranty shall be provided for the 2-year warranty period (January 1, 2028
to December 31, 2029). The warranty may be released or let expire upon final
acceptance (deadline of December 31, 2029).
• Phase 2 — Upon final acceptance, an escrow check in the amount of 125% of the
estimated cost of repairs only (for the curb, gutter, sidewalk, and landscaping that
will be installed in Phase 1 but will get tom up to install water/sewer lines to come
in Phase 2), based on an itemized cost estimate that shall be provided at time of
final acceptance of Ph 1 improvements. Upon issuance of certificate of
occupancy and acceptance of Ph 2 improvements (deadline of December 31,
2030), the escrow may be released in full.
17
EXHIBIT D
Cost Estimate for Public Improvements
(see attached)
W-9
Exhibit D
Engineer's Opinion of Estimated Costs for Public Improvements
Rocky Mountain Hardwood - PHASE 1
All Costs Include Labor and Materials
Item #
Description
Quantity
I Unit
I Unit Cost
I Total Cost :]
Transportation
Paving 6" HMA
57
TON
$112.25
$6,434
Subgrade Prep
413
SY
$5.00
$2 063
Curb and Gutter (CDOT Type 2, 6 in barrier, 2 ft utter
245
LF
$50.00
$12,250
Landscape Wall at ADA turn -around
1
LS
$4,275.00
$4,275
5' Attached Sidewalk 6" thick
1411
SY
$80.00
$11,307
Concrete Drive at Curb Cut 6" thick
37
SY
$80.00
$2,987
Si nin
6
EA
$250.00
$1,500
Drainage
Pond Grading
1
LS
$10,000.00
$10 000.00
Pond Trickle Channel
159
LF
$125.00
$19,875.00
Pond Outlet Structure & Headwall
1
LS
$18,000.00
$18,000.00
Pond Outfall Channel
142
LF
$125.00
$17,750.00
Type 13 Inlet
1
EA
$8,123.19
$8123.19
15" Reinforced Concrete Pie
11
LF
$150.00
$1 M
10' Type R Inlet
1
EA
1 $7,800.00
$7,800.00
Li htin
Street Light
1
EA
1 $7,500.001
$7,500
Post Construction Stabilization
Stabilization (priced at $5,000 per acre)
0.46
AC
1 $5,000.001
$2,314
Subtotal $133,858.13
25% Contingency $33,464.53
Total Public Improvements $167,322.66
Q
Engineering Division CAYor
PDO
Approved
O
By: agoetz
Date: 10/0712025 2:17:30 PM
W 3 300 Z'
Approval Notes:
t7i
Plans andior Reports are approved, subject to the following-
�Q 9-29-25 i
This permit approval and associated plan review are conducted solely for the
purpose of verifying compliance with applicable state and local codes,
-_ T ��,
ordinances, and regulations. Approval does not constitute an endorsement or
certification of the design, engineering, or structural integrity of the project by
SSIONA
Wheat Ridge.
L EN�'S
The City of Wheat Ridge shall not be held liable for any errors: omissions, or
deficiencies in the plans, specifications, or other documents prepared by
third -party designers, engineers, or contractors. Responsibility for the
adequacy and safetv of the design rests solely with the licensed professionals
and parties involved in the project's development.
EXHIBIT E
Letter of Credit Template
(see attached)
19
EXAMPLE LOC — Parentheses O indicate applicant/bank defined fields
(Bank Letterhead)
LETTER OF CREDIT # (L.O.C. #)
BENEFICIARY: The City of Wheat Ridge
ADDRESS: 7500 West 291 Avenue, Wheat Ridge, CO 80033
DATE: (Date of Issue)
EXPIRY DATE: (Exp. Date)
IRREVOCABLE STANDBY LETTER OF CREDIT
For: (Developer's Name)
(Developer's Address)
Gentlemen:
We hereby open our IRREVOCABLE STANDBY LETTER OF CREDIT in your favor available by
your drafts drawn on (Bank Name, and Address) for any sum or sums not to exceed in total (Amount
of L.O.C.). We hereby authorize you to draw on us for the account of (Developer's Name) up to an
aggregate amount of (Amount of L.O.C.) (125% engineer's estimated cost of improvements) available
by your drafts at sight accompanied by your signed statement that the above is: 1) drawn in payment
of street improvements including, but not limited to, curb, gutter, sidewalk, asphalt patching, street
paving, and other street improvements shown on the final plat and associated construction documents
for The (Project Name) (the "Project"), and/or 2) drawn in payment of storm drainage improvements
including, but not limited to, detention pond grading, detention pond outlet structure(s), storm sewer
system, and other drainage facilities shown on the final plat and associated construction documents for
the Project.
Drafts must be accompanied by 1) 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 draft represents funds
owed to the City of Wheat Ridge for payment obligations pursuant to the conditions stated above,
between (Developer's Name) and the City of Wheat Ridge." 3) This original Letter of Credit.
Each draft must bear upon its face a clause "Drawn under Letter of Credit No. (L.O.C. #) dated (Date
of Issue).
This IRREVOCABLE STANDBY LETTER OF CREDIT is not transferable.
We hereby agree with you that drafts drawn under and in compliance with the terms of the Letter of
Credit will be duly honored if presented to the above mentioned drawee Bank on or before (Exp.
Date).
Except as otherwise expressly stated herein, this Letter of Credit and all negotiations
hereunder are subject to all applicable provisions of Uniform Customs and Practices for
Documentary Credits, 2007 Revision, International Chamber of Commerce Publication No.
600.
Sincerely,
(BANK NAME)
M.
(Name and Title of Bank Officer)
DEN-132644-2