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HomeMy WebLinkAbout0009 ,-, -( / SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made this 22nd of February ,2002 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and Net lease Development, llC ,(the "Developer"), together referred to as the "Parties" RECITALS. \ //5 c.P ~~~ The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A if applicable and made a part hereof (the "Property"), commonly known as Walqreens Development at the SE corner of 32nd Avenue and Younqfield. Wheat Ridge. CO 80033 On November 26. 2001 the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property titled Walgreens at Maple Grove Subdivision NO.1 A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein The approvals cited above are contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein the sufficiencv 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 None 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 has been provided to the City 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 SUBDIVISION IMPROVEMENT AGREEMENT 1/98 RE~HJION ~o. _ II : j J i,. ,': c!.lc'7 200;_: (}:::L"7::~,.;, Pl:i:: dOl -0:1.:.; PHCi[ FEE: :~~:; ~ C1u nor-. ,_ FEF" 'I Ofl I~EI.UF!DED .I 1'1 JEFFFf"SUN - coul~i:T, LDI_(~)F<iiD() remedies include, but are not limited to (a) (b) (c) (d) The refusal to issue any building permit or certificate of occupancy; 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, A demand that the security given for the completion of the Public Improvements be paid or honored, or 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 public 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, if any (the "Public Improvements" or "Improvements") as approved by the Director of Public Works (herein after "Director") 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 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. 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 SUBDIVISION IMPROVEMENT AGREEMENT 1/98 -~- 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 Reserved. ) 8 Observation, Inspection and Testinq 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 shail 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 with respect to all work required by Exhibit C The Director and his authorized representatives shall have free access to the work at all times, and Developer shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as "supervision") The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the plans and specifications He will in no way be responsible for how the work is performed, safety in, on, or about the job site, methods of performance, or timeliness in the performance of the work. Inspectors may be appointed to inspect materials used and work done Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used The inspectors will not be authorized to alter the provisions of this Agreement or any specifications or to act as foreman for Developer The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director SUBDIVISION IMPROVEMENT AGREEMENT 1/98 -3- 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 September 30, 2002 , 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 y Improvements until the actual costs described in this Agreement are paid in full by the Developer 10 Protection Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, Injury or loss except such as may be caused directly by authorized agents or employees of the City Developer shall adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developer's Improvements caused by negligent or willful acts of Developer, its agents or subcontractors Developer shall take all reasonable effort necessary to prevent damage to pipes, conduits, and other underground structures and to overhead wires, and to water quality Developer shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent of the City has witnessed or otherwise referenced their location, and shall not remove them until directed When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of Improvements, or in consequence of the non-execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury Developer shall at all times, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations as Developer and the Director shall deem reasonably necessary 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 Propertv of the Citv All Public Improvements for SUBDIVISION IMPROVEMENT AGREEMENT 1198 -4- 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 or a cash deposit simultaneous with execution hereof 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 or cash deposit 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 cash deposit 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 0, 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 or cash deposit. 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 or cash deposit 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 cash deposit, the City may exercise the remedies provided for in this Agreement; provided, however, that prior to increasing the amount of additional security required, the City shall give credit to the Developer for all required PubliC Improvements which have actually been completed so that the amount of security required at all time shall relate to the cost of required Public Improvements not yet constructed In the event the Public Improvements are not constructed or completed within the period of time specified by paragraph 9 of this Agreement or a written extension of time mutually agreed upon the parties to this Agreement, the City may draw on the letter of SUBDIVISION IMPROVEMENT AGREEMENT 1'98 -), ~ credit or cash deposit 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 cash deposit 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 I (J during the warranty period If the Public Improvements are not completed within the V required time, the monies may be used to complete the improvements Upon completion of the Public Improvements, the City shall release the letter of credit or cash deposit with the exception of the warranty deposit described above 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 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 SUBDIVISION IMPROVEMENT AGREEMENT 1/98 -h- 20 Bindinq 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 1 23 Governinq 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 Attornevs Fees Should this Agreement become the subject of litigation to resolve a claim of default of performance or payment by the Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs 25 Notice All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below Either party by notice so given may change the address to which future notices shall be sent. Notice to Developer Notice to City Net Lease Development, LLC 50 S. 6th Street #1480 Minneapolis. MN 55402 612-313-2500 ~~Works 7500 West 29th Avenue Wheat Ridge, CO 80215 )4 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 Gcd, weather tJBrntil~)I(5W fMpRdi,iEMloflf l\GRE EMENT 1/98 - ." 27 Assiqnment or Assiqnments 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 Recordinq of Aqreement. 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 purchasers or other Interested parties on notice as to the terms and provisions hereof Upon completion of the obligations imposed by this agreement, including the running of all warranty periods, either party may terminate this agreement and file such instruments as necessary to memorialize such completion and to remove the j agreement as an encumberance of the property in the public records The parties shall D cooperate with each other to this end 29 Title and Authoritv The Developer, Net Lease Development. LLC, 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 1/98 'x' WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written CITY OF WHEAT RIDGE, COLORADO By 't .(, '_ Gretchen C~rveny, Mayor . < f . ,\ . . ~" / ATTEST ( 1 i. .0"'/.'....." ," J{. " Wanda Sang, Cify Clerk ~ By' DEVELOPER Net Lease Development LLC .. / .;:; , , I. - ,r ,~/ / /; ;/ '-r - / . . ./ (( ,-" , Allison F Kern, Vice Manager STATE OF I/;o{ ce(t( COUNTY OF II/klf/I)d / ) ) ) ss 3. / The foregOing Instrument w",>> acknowl5idged before me "-:'/J/(!/!? I:~ ' 2002, by 'iL~r~cr.1J F A fICA I I~( 7'I/J{(ufr,r of A{~ /ffiJ.R l:rt'l/(f,;'IWld /'!f ./ //f'/ this .'':'' day of , as ~ Witness my hand and official seal /J KELt.\ riPE BESSEN ~l...~ ~lU'~C;,~-. :;:....~ M,~mESOTA ~ft'\. MyC-:"lrT' 'P;'i?s.lan.3120.o6 ~~~,-\v.'".fV;.." My commission expires ,M.~LLWy Not~ (SEAL) SUBDIVISION IMPROVEMENT AGREEMENT 1/98 ,<)- EXHIBIT A Lot 1, \Valgre.::ns at Maple Grov.:: SubdIVIsIOn Ftlll1g No I, City of Wh.::at Ridge, County of Jefferson, State of Colorado 16 0'\1 F1NAL P A RESU8OMSlON OF A PART Of TRACT A. RESue TOGET\-lER WITH A PART Of AND SlT1JATED IN THE SW 1, Cf1Y Of WHEAT RIDGE, COUNTY Of , SHEET 1 "CCESS~OI()11 (1lEc.IQ20n6Jl) J't:V Z'Q\I\O LOT 1 1!S,1I7$Q.fl. " 1.12~ ACItU I , , , , , , I , ... 1 ~ , , , _J.____...:_ I , I , , I I , , : ~ : ... , , ! l co! ~ "" ~ ~: J;! 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UHE: k Ot9fJrr.NCE Of 10.Qe Fat: lHEMCI: NU2Sl"1."E N40 COWT\f;utNG ALONG SM) SOlfflflJll..y R.O... lIE A flISTAHC!: Of' lM.4tI FEn TO A POlNf l'GHC ON THE, 5.'&T LINE ElCff.)IJED MORl\iER1.Y U SM) 1tUCT "- IliSlI8DMSION Of ~ tRQI,€ ~ iI..ClQ( 1; lWB<<::E SOl147" 47"E H..OHC ltiE USf UtE fXl&HD[O MOPmEN. Y H*J lHE fAST I.JME Of SAID l'RACT A. A.DlSTN<<:EOF~ rmlOltlE SOUfl1EAliI COftHER or SAID TJW:r k 1H(NCE SM":!t'I." AlOHC fH( SOUfH l.JHE Of ~ ~ A. A DlSTANCt OF 104.45 fEET TO 1HE SOlJlt1(.A.ST CORNER Of A PMCel. OF DESCI'tI8E8 IN IJOOI( JOJ\ iii PACE 4&1 OF THE ..IEI"f'OSOH COlNlY, COl.ClltADO. AECOfte5: THEJrCE HeO'..'23"W .AlQH(; "'fH[ ~ lINE Of SNO PARCEl 9f$CRIOE8 IN ~ 10.11 AT PNJE.. 461 A 8lSTANCE Of 10.00 PEET lO 1M: NOftRoltA5T CClftN6t Of SND ,.NK:fl DE5CRISED )N SQOK lOJ1 A1 PAC! 48': nENCE SU'2i.1..... AUMC lH[ NOR"", I..I4E or SNO PARCEL DE.SCReED IN &eQK ~1 A' ,JtGE: ..., A DIS1'HCE or $0.00 fEET TO TtiE NORTHWEST CORtolER Df' s.t<<). Pit.ACB. KSCJl:lB(>> IN BOOK 1031 AT PNJE. .-a1, 5I'ID POINT L~ ON 1tl[ WESf UN[ of $HI) lfW:T k nelC( NOQ'49.23.... ""'-~ IK WfST UN( AND lHE wen lJNE EXIDlOfD NORTHER1.Y Of A. A 9ISTJ.t<a: Of 144.22 Fm TO THE ~ CORN[Jl: lJH) DfSCRIl!IIfD IN BOOK 011 AT PI<< 2~ Of H , ~ Itff:OAOS; lHtNC[ ~ll~;~...AT~ ~ ~'t.~ 0.4 fH[ !ASl'E "IHEMGE N00'4Q'2J"W AlOHO of _.1-& f&J' 10 A PONr Of 'l" WHOSE CHORD IKAR5 ~<<"19 C\JRIJ( HAVlNO ,., C:9l"l'AAI. ANGl.f . AN olrAC LDmH Of' f\l.Je f'E(T tt'OlHT flf IEOlIiNlHQ; PAAlXl OON1~S (t.0<4,fiCi ~ FU:"Q 2.4035 ,tCA(.S, ~ Oft L.ESS. AND HAS ~ our, $lJBl)IW)f.':O ,Ir,HO Pl.AmIl SHD I.>>(D AS PER n-=: , PAAWlHG HEREIN ~ UNOCR TliE ~ NIIB srru: Of' WAl..GItffHS . AT WAPLE: G:RO\IE" SlJSOMSlOH fll.IHG NO.1. A SUBElMSlON ~ II PNU Of THE em' ~ 'lIlHiAT ftlOO(, COl.OfW)O H5 8't' THESE PRESENtS 00 ~~~~=~~~ ~~JH}/0f'. ~ $All) RiN.. Pf\OPEJm' 'MilCH /1ft. so ~lfI) ;.s ~ .AHO RlGHrS-Qf-WAY FOIl lHf CONSTfl:lJC'ROt 1NSlAt..L.A11C>>I. OPEAAlION, ~ REPAIR At<<l~. OF 'tB.EPHONE N<<J ilfC'Il<<: lJE'S, POlfS NtO ~ c:A8(,fi, CAS Plf>UJHES.. 'tWI1'Ut PPEUNES. s;wfl<<f sant LH:S. C\Jl..Y(RTS. H'1'OfWoITS, ~ ~ ~ 0ftM.tS ANf) All. APP\.JR1iDWUS 'n1ER€T-G, If IElNO EXPRtSSl'l' lI'tOERSTOOO .AI4D AGfUD 8'l' lttE UloiOERSICNED THAT All. EXM!N$[S NJ) COSTS . IHVOt.: ~ING. SAHfItlf'f ~ lAofCS, GAS ~ t.N:S. STORM SEWERS N<<) 0Nr.IHS. CBffA* ~ stW.L BE OR~9fTI-E SU6ClMO€P. 8'l'lt*:CfTYOf WHEAT M.IG[. NiP SUCH StJWS SHAU. NCJr IE PAl) ==S~~~ IHJ/OR lHE 8lJS(N(SS ~~Z) NQ1'l!lEDE[IKD1U8E:liIl.Jtd:P.w~~ . ~ IlND ltlifIT IH( .. so ORAUm WHOl ACCa>TED In' M OOY Of' WHEAT RIDCE. COlORNX), SH.IU EIECOWE l1iE sou: PMIP'ERtY ~ SIo8 CRY DfCV'T fTfliS 0WN!l) BY tAN:1PAUY f"R.4NCHlS&e UTIJltES N<O/OIf. THE u.s. Yf('S1' =~~H[~~~~~EP ~lH[PftOPtR'IYOfl'HECITY. ! .tlIIIa <Dr I "'~~J- U.4~ ~sacf~'~\MlE<<~ WU EWED '""'V n, 1e11 Of" ~ it. &faKER. DE~. ,:rATE OF Loki.z.J.... l COtJHTY or :I:;I;t"'w.. 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PlS NO. 27509 FOR N<<> ON OOWF OF ~ SEJMC( CO/r.If'N<< 1.100 SOlJJH f"OTtltoC.lC !>fREl:T. sum. 126 AlJROAA" COl"CIftH)O aool~ PH()H[, J03-357 1;>>3 ~L.OT2. ,,/_-1"1/.-.1"'1- f:K.II. 4-'7lJ,;........ Sl..ISNi R. HE.RIT,f(;f f.KA SUS/lH WJ.ER.. AS SOlE. SUCCES50A TR\JSlU' lJijO(R mE WlU.. DAltO w.-.y 11, 1M7 Of CQ<lRID R.. ElECI<Eft. Df:CtMEO. sTATE",c.:,I"U><Jl.;) l ' ~ill ss t'OOkl'l' OF:". T1l~'" THE ~~~':b~ WM ~EDGED !lEfCW WE THIS ~ OA.Y OF: "'0. 20CL..1..-, BY ~ R. HERnlilCE 'XII. sus-H Wll..UR, AS SOlf SUCCESSOR TlWSr~ lJ4ClEM Tl€ .u o.t.TED "","y 11, lM-7 OF COtfW) It. 1IECKfR, DEC:OSm AS ~~ "1fHE5S IrI'r' HAND JrHD 0fTIC1,IrL SOrL MY """"""'" E""""'" 9/.t! <X>-''I .h.d . h1. () ,,(JotJd":- r-u~ JItIlD; ~ USED 0fIl tHtii SURVEY AAl ~ ON THE ~ION fWo.T THE: ~ LNi Of 'gfw~V~.T~" ~~~ :V:g~et.R.t~;:: ~fH~M. CRY o".~) AS w~ Nro BQUHl)[D g( lI1E WOHVWEHTS SiHOWN /oG:EQH. r~ 'Cif"n:' OOLY. ~~~~S!'~ISW=~ W A SP'EClo/IiL. "l.OOO ~~ ~ 10 lHE n.ooo I~E AAIE I.lN> fAbl). CONIIUIiY PAHa NO, 0Ne7" oeee e 8EARINC A REIilSlOH o.\Tf.: Of ~ 4-, 11l88. NO AnD '!VORl< OR 0fACE c.&4.c:M.JiflQNS \Wfl( PfMfQRWE'O EJY ms ~ 10 VERIfY TtIIS DETf.RWl,....noH. ' 1\1[. ,l(:CESS E'A5O./E)fl' 'M-ilcH SEA\IES THt: cw. T\>WER stW.L GE RnOCJrfED so ,\S 'ro PftCWlOf cotfI1HIJOUS ACCE.'SS TQ lHE lESS(fS. ""'""" J.CCOIttlING TO COtOIlAllO lAW YOU IIJS1 COllNE~ Nfl lEGN.. ACflOfol &lSED lIPON JJ.tf DEFECT IH 'OOS SVPM:'f 'MYkf4 1RREE ~ Afl!R YOO f'IAST ~ SUCH &E11LCT. IN t<<) F:<<Hl', tN.Y /IH'f N:llOH B/ISfl) lIf'OH /1N'f ClEn:CT IN 'AOS SlJIRIolEY IE COWIroIENCi:O MORE lWri'l TEH l'hfS fToIOW tHE Ol'.l( OF THE ~ SHOWN HEJtEOlrl Ntr P!RS()N 1M-iO kNOwcNGlY RfMOIIES, All'ERS. OFt OErACES.JM'r PUBlIC lNilJ SUFl'~[Y WOHlJWDfr Oft VHD BOl..INOARf WQHlJIoKWT otI: 'JCC(SS(m' ~~,~nt::~~~ 10 STATE,STAME ..,~..........-._,~ ~::-= ~ ' ~ ~i~ I, BREn: l. Yiu.ER. A ~ I.'HB ~ REGm'(REG IN 1H[ ST/(ff 0F ~ CM1tn' lHIlT eN _ "7n-t f)AY Of S8"T!W6fR. 2001, lHIS I'lAf W18 PleNa IJhWIIf W IllAEcT SlJF'OMSKlN" JIG 10 n.( BEST er ~ ~ AND erua IS """"""'. ~,:::- w,'!:nJtO:i: ~flAI'A~. _~ 1KS ~ "m. CERllFY, ' THAT ThE CITY, OF ~T RIDOC" COLOlWIO. "',F ~~~~" _~\. ~1'fS.CffYcot.lNCll.DlGON~~YOf :::"/ 'l\ ~~~,:r_":':x."""l>iE- 61 SEAL. . ~ , > ,~W4' J"Ao'7'bn \. /.J ~ - " ----"- I :~C1~~\ ~Q~_' ..> CfTY St-JL i I \ d C!..f'RI( .um R~"(Y'~,", r.FRTF\{".ATI"'- SlATE Of ClJU:IPJ.OO l ' COl..IHfY OF JErf"ERSOH ss . ~;c:o~::" "'" oocUUO<r, ACCtPTtD FOR fIl.JNC IN THE 0ffIC:E: or THE cou.c'l"Y ,f", o.~~, .~\ I'~'.", ~~~,'5.COR9[-R Of~.COUNTY AT COlOEN, c~,'1~~.'.m;~' ~ ~~~...: ~RECEPT~~~~S~~-:. '-~::__I,t ~,cy"",-.;, J<1TERSOi< COUHlY CWO( "'" RECORllER r~ ,_,' '. o' "'" c->10..~ "--~.~ ~cn' 0"; / / EXHIBIT C WALGREENS AT MAPLE GROVE Item No Description Unit Quantity Cost ($) Total ($) West 32nd Avenue General: 1 Remove Curb & Gutter L.F 2000 500 1000 00 2 Remove 16' Attached Walk L.F 1500 1000 1500 00 3 Remove 6' Attached Walk L.F 200 500 100 00 ~ 4 Remove Lane Striping L.F 2200 1000 2200 00 I 5 Sawcut Exist. Pavement L.F 2000 300 600 00 6 Lane & Directional Striping L.S. 1 0 5000 00 5000 00 7 5' Detached Conc. Walk L.F 1000 1000 1000 00 8 6" Conc. Vertical Curb & 2' Gutter L.F 82.0 1000 820 00 9 "9" Full Depth Asphalt S.Y 1280 2000 2560 00 10 Traffic Control L.S 1 0 3000 00 3000 00 Sub-Total General: 17780.001 "Note, The pavement costs are merely for estimating and for the Subdivision Agreement purposes. A pavement design will need to be submitted for approval by the City of Wheat Ridge Engineering Department prior to the start of paving Eastern Entrance. 1 15' Curb Return wi 2 Handicap Rarnp EA 2.0 1000 00 2000 00 3 8' Conc Cross pan L.F 560 7000 3920 00 Sub-Total Eastern Entrance. 5920.001 Western Entrance. 20' Curb Return wi Handicap Ramp EA 1 0 1200 00 1200 00 2 Conc. Apron & Temp Median L.S 1 0 5000 00 5000 00 3 6" Conc. Vertical Curb & 2' Gutter L,F 22.0 1000 220 00 Sub-Total Western Entrance. 6420.001 Page 10f2 EXHIBIT C WALGREENS AT MAPLE GROVE Item No. Description Unit Quantity Cost ($) Total ($) Youngfield Streeet General: 1 Remove Curb & Gutter L.F 600 500 300 00 2 Remove 4' Attached Walk L.F 600 500 300 00 I~ 3 Sawcut Exist. Pavement L.F 600 300 180 00 4 Curb Cut Entry L.S 1 0 2000 00 2000 00 5 6" Conc Vertical Curb & 2' Gutter L.F 200 1000 20000 6 6' Attached Conc Walk L.F 200 1000 200 00 7 Traffic Control L.S 1 0 3000 00 3000 00 Sub-Total Youngfield Street: 6180.001 Erosion Control: 1 Vehicle Tracking Control Pad EA. 1 0 750 00 750 00 2 Silt Fence L.F 5800 2.00 1160 00 3 3/4" Gravel (Inlet Protection) T 2.0 3000 6000 Sub-Total Erosion Control. 1970 00 Sub-Total General: 1778000 Sub-Total Eastern Entrance. 5920 00 Sub-Total Western Entrance 6420 00 Sub-Total Youngfield Street: 618000 Sub-Total: 38270 00 25% Contingency' 9567 50 Total: 47837.50 Douglas W Mize Prepared BY' Engineering Service Company Engineer. Page 2 of 2 EXHIBIT D ~ \~ BTS CONSTRUCTION, LLC 2980 ,.,\ 11'00298011' .1:09 ~OO 58071: 0970 51. 2 211'