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Home My WebLink About00272015001885 1/7/201511 :54 AM PGS 22 $116.00 OF $0.00 Flectror•cally Recorded Jefferson County CO Pam Anderson. Clerk and Recorder TD1000 N SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made th1s {d~ of f\tu Ml;e_.,.....-, 2014 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporat1on (the "City"), and QUAIL HOLLOW PATIO HOMES, LLC, a Colorado limited hab1lity company (the "Developer"), together referred to as the HParties". RECITALS: The Developer is the owner of certain real property located 1n the City of Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property"), commonly known as vacant land. On September 22, 2014 the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property trtled Quail Hollow Subdivision A copy of the Ftnal 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 contarned 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 pa1d by the Developer upon subdrvisron 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 R1dge 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 Regurrements. Intentionally deleted. 3. Fees. The Developer hereby agrees to pay City Development Review fees to the C1ty for engineering, hydrological. surveying, legal. and other services rendered in connection with the rev1ew of the subdivision of the Property. 4. Title Polley. Prior to recording of the final plat (or, if no plat 1s assoc1ated with the development; prior to and as a condition of final approval of the development by the City). title commitment for all those portions of the Property. as well as any other SUBDIVISION IMPROVEMENT AGREEMENT 12114 interests in real property {easements. etc.) to be reserved for public purposes or dedicated to the City shall be prov1ded to the City. The title commitment shall show that all such property 1s 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 wh1ch are not yet due and payable) wh1ch would make the dedication or reservat1on unacceptable as the City determines in its reasonable discretion. The City. 1n 1ts sole discretion. may accept any dedication regardless of encumbrances. The t1tle policy evidenced by the title commitment shall be provided within thirty (30) days after the record1ng of this Agreement. in an amount equal to the fa1r market value of the property so dedicated or reserved. 5. Breach by the Developer; the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may take such action as permitted and/or authonzed by law, th1s Agreement, or the ordinances and Charter of the C1ty as the C1ty deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the crtizens of the City from hardship and undue nsk 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 1ts 1ntent 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, curb, gutter and sidewalk. including the undergrounding of all overhead utilities, and necessary appurtenances as shown on the subdivision plat and the associated construct1on 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 t1meframes set forth in Sect1on 9 of this document. The Public Improvements required by this Agreement and shown on the construction documents approved by the Director of Public Works of the City and the 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 SUBDIVISION IMPROVEMENT AGREEMENT 12114 2 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 locat1ons for the Pubhc Improvements are based on information that was available at the time of approval of the Final Plat. Additional Public Improvements may be requ1red . and Developer shall be responsible for submitting rev1s1ons to the F1nal Plat approved by the City. The Public Improvements shall be substantially complete. with only such exceptions as shall be approved in advance by the Director of Public Works in the exercise of his or her sole discretion, prior to the issuance of the first Building Permit. except, however. that a Build1ng Permit may be issued for construction of a model home on Lot 12 of Quail Hollow Subdivision while public improvements are be~ng constructed for the balance of the subdivision. but no sale of Lot 12 is permitted to an end buyer until all public rmprovements are completed and accepted by the City as approved The Developer shall also warrant any and all Public Improvements which are conveyed to the City pursuant to th1s Agreement for a period of two (2) years from the date the City's Director of Public Works certifies that the same conforms to the 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 1n materials or workmanship for a period of two (2) years as stated above. (d) To the degree the Developer is reqUired to 1nstall and maintain landscaping on public or private property, it IS the obligation of Developer. 1ts successors and assigns, to maintain the required landscaping in perpetuity. The City will finally accept for maintenance all Pubhc Improvements. exclusrve of landscaping matenals. after the warranty penod has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedrcated public streets after the City issues the first certificate of occupancy. 7 Installation of Traffic Signal. Intentionally deleted. 8 Observation. Inspection and Testing. The City shall have the nght to require reasonable engineering observations and testing at the Developer's expense SUBDIVISION IMPROVEMENT AGREEMENT 12114 3 Observation and testing, acquiescence 1n, or approval by any engineering mspector 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 1n the manner hereinafter set forth . The Director 1s 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 1n 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 ass1st him 1n this work Developer shall make available for inspection any records kept by Developer. The Director shall make all determinations of amounts and quant1t1es of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director and h1s authonzed representatives shall have free access to the work at all t1mes, 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 1f the work is being performed in accordance wrth the plans and specifications. He will in no way be responsible for how the work 1s 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 dec1sion of the Director. SUBDIVISION IMPROVEMENT AGREEMENT 12114 4 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 October 31, 2016, and proper application for acceptance of the Pubhc Improvements shall be made on or before such date. Upon completion of construction by the Developer of such Improvements, the City's D1rector of Public Works or designee, shall inspect the Improvements and certify with specificity its conformity or lack thereof to the C1ty'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 C1ty shall accept sa1d Improvements upon conveyance: provided, however, the City shall not be obligated to accept the Public Improvements until the actual costs described 1n this Agreement are pa1d in full by the Developer 10. Protection. Developer, at its expense, shall continuously mainta1n adequate protection of all Improvements from damage prior to acceptance by the C1ty and shall protect the City's property from InJury and loss arising in connection with this Agreement. Developer shall make good any such damage, 1njury 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 prov1de and mainta1n 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 s1te 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, omiss1on, 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 t1mes, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public. Developer shall furnish, erect and ma1ntain, at its own expense. all necessary barricades, su1table 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 SUBDIVISION IMPROVEMENT AGREEMENT 12114 5 11. Related Costs -Public Improvements. The Developer shall prov1de all necessary engineenng designs, surveys. field surveys, testing and incidental serv1ces related to the construction of the Public Improvements at its sole cost and expense. Including final drainage study letter certified accurate by a profess1onal engineer registered in the State of Colorado 12. Improvements to be the Property of the City. All Public Improvements for roads. concrete curb and gutters. public storm sewers and public drainage Improvements accepted by the C1ty shall be dedicated to the City and warranted for a period of twenty-four (24) months following acceptance by the City, as provided above 13. Performance Guarantee. In order to secure the construction and installation of the Public Improvements the Developer shall, prior to recording the Final Plat, if applicable, 1n the real estate records of Jefferson County, which recordmg shall occur no later than ninety (90) days after the execution of this Agreement. furn1sh the City, at the Developer's expense, with the Performance Guarantee described here1n. 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 reqwred by Sect1on 26-418 Security for Required Improvements. of the Wheat Ridge Subdivtsion 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 cred1t to the City in the manner provided herein shall negate the City's approval of this Agreement. Letters of cred1t shall be substantially in the form and content set forth in Exhibit D. if applicable, and shall be subject to the rev1ew and approval of the C1ty Attorney. The Developer shall not start any construction of any public or private improvement on the Property tncluding. but not limited to, staking, earthwork. overlot gradtng or the erection of any structure, temporary or otherwise. until the City has received and approved the irrevocable letter of credit. The estimated costs of the Pubhc 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 Dtrector of Public Works' estimate shall govern after giving consideration to information provtded by the Developer including, but not limited to. construction contracts and engineering estimates. The purpose of the cost estimate is solely to determ1ne 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 SUBDIVISION IMPROVEMENT AGREEMENT 12/14 6 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 not1ce, provide the C1ty w1th a new or amended letter of cred1t 1n 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 C1ty may exercise the remedies provided for in this Agreement, provided, however, that pnor to Increasing the amount of additional security required. the C1ty 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 with1n the period of time specified by paragraph 9 of this Agreement or a written extension of time mutually agreed upon by the part1es 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 w1th1n fourteen (14) calendar days and the Developer has not yet provided a satisfactory replacement, the City may draw on the letter of cred1t and e1ther hold such funds as security for performance of this Agreement or spend such funds to finish Public Improvements or correct problems w1th the Public Improvements as the City deems appropriate. Upon completion of performance of such Improvements, conditions and requirements within the required time, the Developer shall issue an Irrevocable letter of credit to the City in the amount of twenty-five percent (25%) of the total cost of construction and installation of the Public Improvements. to be held by the City during the warranty period. If the Public Improvements are not completed within the required t1me. the monies may be used to complete the Improvements. 14. Indemnification. The Developer shall indemn1fy 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 th1s Agreement any act or om1ss1on of the Developer. or of any other person or entity for whose act or om1ssion the Developer is liable, wtth respect to the Public Improvements. and the Developer shall pay any and all Judgments rendered aga1nst the C1ty as a result of any suit, act1on, or claim, together w1th all reasonable expenses and attorney's fees and costs incurred by the City 1n defendtng any such suit, action or cia 1m. The Developer shall pay all property taxes on the Property dedtcated to the C1ty 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 tt 1s executed, or concerning the power of the City to impose conditions on the Developer as SUBDIVISION IMPROVEMENT AGREEMENT 12114 7 set forth herein, and concern1ng the procedure. substance, and form of the ordinances or resolutions adopting this Agreement 16 Th1rd Party Beneficianes There are and shall be no third party beneficiaries to this Agreement 17. Modifications. Th1s 1nstrument embodies the whole agreement of the Parties. There are no promises. terms, conditions. or obligations other than those contained here1n; and th1s Agreement shall supersede all previous communications, representations. or agreements. either verbal or written, between the part1es There shall be no modification of this Agreement except in writing, executed with the same formalities as th1s 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 the1r designees except 1n 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 1ntent 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 respect1ve 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 const1tute a waiver of any other provisions here1n, nor shall such watver constitute a continuing waiver unless otherwise expressly provided. nor shall the wa1ver of any default hereunder be deemed a waiver of any subsequent default hereunder 22. Invalid Prov1sion. If any prov1s1on of th1s 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 mtention of the Part1es that if any prov1sion of this Agreement IS capable of two constructions, one of which would render the provis1on void, and the other which would render the prov1s1on valid, then the provision shall have the meamng which renders it valid. 23. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party Institute legal suit or action for enforcement of any obligation conta1ned herein, venue of such suit or action shall be 1n Jefferson County, Colorado. SUBDIVISION IMPROVEMENT AGREEMENT 12/14 8 24. Attorneys Fees Should this Agreement become the subject of htrgatron to resolve a claim of default of performance or payment by the Developer and a court of competent junsdiction finds in favor of the Crty, the Developer shall pay the City's attorney's fees and court costs. 25 . Notrce. All notrees required under this Agreement shall be rn writing and shall be hand delivered or sent by registered or certified mail, return recerpt requested, postage prepard, to the addresses of the parties herein set forth. All notrees so given shall be considered effective seventy-two (72) hours after deposit in the Unrted 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: Quarl Hollow Patio Homes. LLC Attention William S. Lyons Jr. 6143 S. Willow Drive. Surte 300 Greenwood V1llage, CO 80111 Director of Public Works 7500 West 291h Avenue Wheat Ridge, CO 80033 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 includrng, but not restricted to, acts of God , weather, fires and strikes. 27 Assrgnment or Asstgnments There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement wrthout the prior written approval of the City. 28. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof. 29 Title and Authority. The Developer. Quail Hollow Patio Homes, LLC. expressly warrants and represents to the City that it is the record owner of the property SUBDIVISION IMPROVEMENT AGREEMENT 12114 9 STATE OF COLORADO ) krn Durfl/ ) ss. COUNTYOF ~ ) The foregoing instrument was acknowledged before me this 1Pi1L day of ~ . 20 ( ~ . by William S. Lyons Jr.. as Manager of Oua11 Hollow Patio Homes, LLC, a Colorato-\imited liability company. Witness my hand and official seal. My commission expires: ---Ll 0_,_1_(,_{_1 __________ _ ERICA M. TRAVELSTEAD NOTARY PUBLIC STATE OF COLORADO NOTARY 10 20134069216 IIY COMMISSION EXPIRES OCTOBER 31, 2017 (SEAL) SUBDIVISION IMPROVEMENT AGREEMENT 12/14 11 constituting the Property and further represents and warrants. together with the undersigned individual(s} that the undersigned 1ndiv1dual(s) has or have full power and authonty to enter into this Subdivision Improvement Agreement The Developer and the unders1gned 1nd1vidual(s) understand that the Ctty IS rely1ng on such representations and warranties in entering into this Agreement WHEREFORE. the parties hereto have executed th1s Agreement on the day and year first above written. CITY OF WHEAT RIDGE, COLORADO ATTEST: ,· -~ ~City Clerk SUBDIVISION IMPROVEMENT AGREEMENT 12114 10 E.\.! II BIT A -LI.:GAI DfS( RIPT10N ,\ P 1\RCEL OF LA 'D Bf: I~G A PORTIO' OF APPLL \\000 BAP fiST Clll RC II SLBDJVJSJON RI::C. #2006142621. AND A PORTIO' OF APPl E\\000 KNOLlS 12111 I lUNG RFC #F0397126. BOTII BEll\G LOCATI D I\! THE: NORTHWES r QL' \R fER or ~ECT IOi'. 28. TOWl\SHIP 3 SOL TH. RANGE 69 WES1 OF 1 Ht 6111 PRI'\JCIPAI MERIDIAN, CITY OF WIIEA f RIDGC. COUN1 Y OF JL:FFERSON, STA1 E OF COLORADO AND BEING \10RE PARTICl.1LARl Y DFSCRIBrD A~ FOLLO\v~ BASIS OF BEARINGS: BEARINGS ARE BASE:.D Ol\ fHE SOLITH Ul\ E: OF Tl IE NORTHWE<;T QL AR f"ER OJ SAID SECTION 28, BEING CONSIDl:RED TO Bl·AR SOL TH X9 19'53" \\EST. A DISTA ~CE OF 2623.64 rELT BETWEE1\ THE FOLLOW lNG DESCRIBED MOf\l Mtl'v IS. -CENTER QUARTER CORNER SECIIO~ 28 BEING A FOU~D 3.25" BRASS C -\P 1'\ RAI'.GE BOX MATCI!If\G MO"'lJMEI\T RECORDS ON FILL Wlll·AT RIDGE CONTROL POINT NUMBER 16309 · \\ FST QL ARTER COR:"JER SECTION 2~ BEING A FOLND 3.25" BRASS CAP IN RA.NGI: BOX \1 A lC'HES \10NU~ENT Rl:CORDS ON f·ILC WHLAT RIDGE COYI ROL POll\ 1 '\l~1BER 16209 C0\1\1fl\CI\!G A r SAID CENTER QUARTER COR'\LR. rJ IENCC ALONG SAID SOL1TH LINL Or THE NORTII\VLS I QLARTER SOL Ill ~9°19'51" WI::ST. A DISI At\CL 01-1,475 .,0 FEE f TO\ POl'\ I \\ HLRr fill t:ASl Llt-..E OF LO I I OJ· SAID APPL EWOOD BAP11S f CHL RCII ~L BDI\r ISIO!'. EXTENDI:D INTLRSECTS SA ID SOUTH LI~E. THEJ\CE ALONG SA ID f:ASl Ll~t r\:\D CAST LI!\E f XTEI\DED NOR'lll 00 10'57" \VEST. A DISTANCE OF 630.XO FEFT TO THE SOUTII[AST CORNER 01 L01 1 OF ~-\10 APPLE WOOD BAP liS I CHL RCH AI\D THE POI'\T OF BE(, I'\ '-:I~G ; fiiENCE ALONG THE CO~IMO\l [ INE OF SAID L0-1 ~ I AND 2 SOL'Tll N9 19'5-l" \\'ESl , A DISTAI\C'E OJ 492.70 FEET TO THE SOUTHWEST CORNER or SAID LOT 1; TJJENCE ALONG THE BOUNDARY OF SAID LOT 2 TilE FOL LOWJI\G IIIRlf: (3) COl RSES AND DISTAJ\C'ES: I) fllfNCF 1\JOR n I 00"34'34" Wl:S J. A DISl •\"-C £· 0 1 696115 FEIT: 2) lll£:1\CE NORTH 89°15'26" 1:.1\S I. A Dl<; I ANC r: 01 .t93 43 I l.L I: 31 THENCE SOUTH 00°30'57" l:.AS I . A DIS I \ \JCf· O J ·t'2A5 J'EE.I : lJIP,CF Al 0'\G I'HE 1\0RTJJ UNI· OF I liE SOL'TH 10.00 rEET OF LOT -1 SAID APPLFWOOD KNOI LS 12 nt FJ LING NORTH 89°23'02" EAS f . A DISl A 'CE Of 177 5; H-ET TO THE \\'ESTERLY RIGHT-OF-V. AY OF QUAIL ST .. !HENCE A LONG SAID \VESTFRLY RIGHT-OF-WAY SOL'T II ooc·27'45" l"AS I.A J)JST A ~CE OF 3<)<).9~ FE[T, I HEt\CE ALO\.G TJIF SOL TIILRL Y Lli\F 01-THE ~ORlll 200.00 F£"F1 OF I OT 6 OF SAID APPL EWOOD K ~OLLS 12 111 Flli~G SOLTII 8lJ 23'02" \\ ~ S1. \ DIS"I A '\Cl: 01" 177 21' rEI·l TO TilL lASTERL Y LI:-.J£ OF SAID LOT I APPL[\\ OOD BAPTIST l'IIURCII: T IIENC'f: ALOT\G SAID L~AS1 ERL Y LINE NORTH 00' 30'57" \VES r. A DISTANCE OF 45.74 FEET TO THE POI'\JT Or BE.GI'lt\ lNG ('Ql\;TAINING '\98.J55 SQL ARI· f-L:.ET OR 9 145 ACRES. \-10RE OR LESS I \ ! H •• t ~~I M;r: vi • i! £t H . ·=~ ·s . e I I 1 ·~ ~·'I" : ! I l c i •!if ~ l •c l" I·! • • t·~~ ,.J m£! .. I• ~ ,. = ~~ •M ; ~ i .. : G } i • z ~ ' fl ~ ' ,. . t~ r f ,. • • a <4 ~ q. i~ li i , ' ' . • Q 6 ~ i ~ .. t. d ,. ~ 8 ~ ~ IHtnmt' I . I JIIU'Pf'l ' •r·· .. ··-· ··w·t .t~ i I ' ! .. t r I :·!:•.'=! ~;HH!ii~ .; .!; 1i i•i' e gf •i ~:i ·~; ! li 1i t J h~;. 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I -_"':t':_ ------f-',1':=;•" "'"""' h:. :· .. , . . ' .... > '!!. ai 2 ..: v: 0 'Z 5 ~ -1 t:'1 0 z :! ..,::: 3.;; 0 ~~ !5~ -&l s-~ "'' ....... oc """ fl., n= 0~ ~ z . :!l ~ 0 > = z C') -f •> ~O:t r ...... ~ '"0 0 r;; !;l !; ... .,-f .. "';::!-~ "'~ fJl V) Om = :~9 Ill -fO ::j >z Ill =1!it a· .,.-f •f"-l ilrJ ,..0 Ill \f I •• S4 ... l#o Wf oz b:!! :o: >-o o ... OV> 0 ,.. 3 :- ~ z C') :"' "' ... ~ s ... .., :t -.; ~ ~leHN W' UKIIUUK .. :.e!!. ~.-..,,..cw1h 9tootn ~AS.,M1()) A.N-C-.c!o ~ lO~Hn-lr_..,, lll)061~JIIIf.__) -~tb"l J>rotKt: Proj!Kt Number: o.•· ~ EXHIBIT C Ouat~ 7127-214020 81217014 (Page I Cll ~) I ---~-Quell Hollow --~--~·-J DESCRIPTION OHSTTE CQNSTRUCUON COSTS !. EABTHWQRK A MobiiiZ.tbOII and Plf'mU 8 ~ 4' fop500110 Sloop.'! C OnUft Cui To F.(lfnpon) SUtiTOTAI.. l EROSION CONTROL QUBING CONSTRUCTION A Mob!IWIIIO<I (EXQJiiO$ ~tmQI 8 Vetude T..OCIO Pad C lnliiiPto- 0 s.Jt Fence ~ ConSINCllOfl Fence G Seed & Mulen H Temporary Manlcnanu ol Eto)ID'I Colltrol Concrele WIJSII Oul Stilboil~ St"9"'g ~a l RRB Culven ProlttCIIOn N Ouii!DUM SueTOTAI.. 3 wHvm.mes " ST()RM SEW£8 A I I.~IJon IE.~ea PetMUI A7 12"PVC A3 1!>'RCP A• IS' PVC AS lS'RCP All 24'RCP A7 )()' RCP AS 54' RCP A9 1e· rEs A 10 24 FES All 30' fES ... 12 12" 'lOS MIN A 13 4' O<a,..let l.lanho!cl(0'·10' ()HpJ A 1• s· o.a ..... ~ .. Mow~~ 111-1cr Dflll> AI! 15'H~iiMIWIII Exhibit A Cost Estimate Case Number WS-14-02 ESTIMATED QUANTITY I Hill 12.000 I I s ~~~ 832 4 1 9 6 I 91 65 176 313 284 108 1,158 I 2 I I I 2 2 Ouaol Ho41ow Cost Breakdown • City Revis1ons _ F 1nal for ILOC xis UNIT EA CY CY LS EA fA Lf lf AC EA I: A EA EA M() LS lF LF lf lf lF LF ll' EA EA EA EA EA EA cv UNIT COST 1 SS460 00 SI'IO 51 71 $SSOOO SI.OOOOO S30000 Sl 50 $200 S750 00 $~7500 ~7$00 S51$ 00 $57~ 00 S7SOO Slll05 00 .$4500 $6900 ~21100 S28 55 U350 $511 00 Sl5000 S75000 $850 00 So>'JO 00 $SOOOO Sl 50!'· 00 S2000 00 sooo ss 46000 ../ $1 674 40 ../ $~../ $21,400.00 ../ s~oo $1 OCIO 00 $1,50000 $1 423 50 $166400 $3097 50 S57500 $57500 ssaoo $5,17~ 00 $45000 """" $1.8~00 $4,0115 00 s~ •asoo 55.104 00 $8,936 IS S9 514 00 S6 264 00 $173.700 00 $75000 $1 ,700 00 ~115000 $50000 $1 soo 00 $4 00000 sooo CITY OF WHEAT RIDGE PU8UC WORKS, ENGtNEERING APPROVED FOR: ODMINAOE 0~ 0 CURe & GUTTER 0~ Jlf MISCEUAHEOUS OP\AT CCltAENT _..,._..c..,_ ~-·-IIVJJitQU DAn Su&ECTTOFELD~~ CITY 9I! $21,40000 $55000 $550.00 $2,08800 $2.011.00 S33800 $1,690.00 $2 111 52.068.12 $1,564 00 $1,684.00 $75000 $.J,ot7.50 .$$7500 $575.00 S7•900 $7.9.00 S57SOO $575.00 S57SOO $5,175.00 $75.00 s.so.oo $11,682..32 SI~OO $1,805.00 SA887 Sot,40.17 SS920 $3,148.00 s.aa as $&.59760 S57 •9 S17,99U7 $8263 S17,716.i2 see.~ 0 .292.32 1151.8<1 S175,8J0.72 Sl 0'35.00 S1,0t5.00 $1 01300 $2,026 00 Sl 873 00 $1,173.00 $50000 $500.00 $325900 $3.259.00 S3•05 00 S6,110 00 $50600 $1,012.00 912312014 ~leHN ~ LKtalUlK. S8!6W-S.,...t• ~A s..lotOO ..,IICJa Color-8CI003 .l03~2)10:lllli_..) )0) ~ ,.. • .., If..,., .. i -~1«1<'0 com "'"'feet 0\lal Holo<w ~ .... -212721~20 OUt 8!21 .'20 I • ~: I QUalfHOfaow · ------·~·--------·---l DESCRIPTlON AI& l&'tt~~-.a A 17 'Mital RI!J')CI Co<r!Oon•lion Inlet ( r,_t A 'I 8 l,lo<Wied Type D Pone! 0\lllel SUU~IU"l A 19 'MIUI Rid<}e Vdt'y tnlel A 20 Type 13 lnll!l A 21 O..• s.• ~ Sttua.n A 2 Z O..af s.· Enll1QY O~s.pnllw A 23 Tl7' Bolbll:.e A 2• 54' Do•meter Ho<\zonl;ll B•na II 25 l~ MR.,.., A 26 lY!M' H Rvap SUBTOTAL 0 !JHQEBQRAINS a 1 e Non-Penoracec1 Und4nlrain II 2 C:.,..ln Oula SUBTOTAL TOTAL Of UT1l.JTTES (WET) ·~ A ~ AI MolltklahOn 1tnc1 Pttrm•s A2 r f ul 04111111 AI9~AI f.IO' V\"ckol A3 s..~ PrepMauon • r >ne Gl1ocling A• Saw C.. I Aal>hoa• ,.. Asp!\11 Rtmovtl A• SlgniiQe Mel SI"P<<I!I AS 1.-..; ContiOI SutiTOTAL 8 CQNCRET£ 81 ~lobtllzaiiOC'I end PM'nu 82 2' Conctol~ Pan II' 1ho 83 SuDgnlcle Pt~liOn lor Cona"''• 84 8' CtOS\ p_,~ Exhibit A Cost Estimate Case NumbetWS-1U2 ESTIMATED OUAHTnY 2 3 I 2 180 ·~ 707 I •.308 •.308 182 1119 I s I 17 • S23 0 Ouarl Hollow Cost Breakdown· Ctty ReviSions _F1nat 101 ILQC.xls UNn CY EA EA lA f.A lS LS "" EA CY CY H EA LS SY SY lf SY LS OY EA LF S'1' e,, UNIT COST ESTIMATED TOTAL COSl sooo sooo $2,!.00 00 $7,50000 $,5 00000 $500000 S2 50000 $2 50000 $2 500 00 $250000 U500000 $35.00000 $35 00000 $35000 00 $1000000 $1000000 $2 50000 ssooooo $1!.000 $27 00000 $100 00 $1880000 ~1,700.00 $1500 $1060500 $300 00 s 1 500 00 112,20000 Slll,IOO.OO $2,70000 $2.70000 $1800 $72 80520 s1 eo sn54 •o $290 $ol69 80 S290 ~·o S200 $2 90 Sl ••o,OO $720000 111,500.00 $.( 20~ 00 s,. 20500 $& 10 5623 70 $2 •II() $13 11870 Sf· 75 sooo 2 CITY 150&00 $8,72600 $5.00000 $3,101100 SHOO 00 $3!»,00000 $35,00000 $10,00000 $5,00000 $9968 $1« 75 $1,012.00 m,1noo $5,000.00 S3.109.00 $2,500.00 $35,000.00 $35.000.00 $10.000.00 $10,000.00 S17.UUO S20,e.MOO $422758.90 $1500 $10.10500 $300 00 $111100.00 $12,105.00 SQ.4,M3.90 svoooo $2,700.00 523 !)9 $101.625.72 $123 SS,ltUA $290 $AeUO S9 95 $1,810.55 $260000 v.eoooo $65000 S3,25000 S117,82A 91 S4 20500 $4.205.00 S2808 $2,182.16 $2.95 S13,3A.215 sooo $0.00 912312014 • JeHN liKIIUuna sass...,..,._,. a,.. .. a..ioclotoO A s..to 100 ..,._ c--IOOOl 303•2leG3011--) l0l.e7.•;.o,.,,r.......,.., .,.,.,,..... ........ IQ(b'ft ~L Ou"' Hollow ~·~ 2127-21<102Q 0.. IVll·"lOI• ~: [ · · ----------QualiHOiiOW--I 8 5 Type 28 HCR 8 & 1.\d 8locJI OCR 8 1 Ttilffc Cootrl>t DESCRIPTION SU8TOTAI. TOTAL Of UT1UTIES (SlftEETS) TOTAL CONTINGENCY @10% ESTIMATED GRAND TOTAL Quail Hollow, LLC -0\Wle Cemigl~ Marti F. Bishop, PE • Jehn Engl.-ring David F Btossman Oirte Brossman -City of Whut Ridge Exhibit A Cost Estimate Case Number WS-14.4l2 ESTIMATED QUANTITY 5 I 5 Quail Hollow Cost BreakCIO'Nn • C11y RevtSions F1nal for ILOC.xts UNIT EA EA OY UNIT COST $1,50000 S1,Z5000 $1.•<10 00 o.te om 912312014 ON J ESTI!.IATBO TOTAL COST ; liP AE& S1 !10000 51 ?~00 S7 20000 SU,IOOIO $12.5,400 00 $557,600.00 $55,760.00 $613,360.00 CITY SP3359 s1,;1o IJ $1,667..85 $1,970.13 so.oo $30.348.09 1630,119.22 :n..., • ..,. $157,529.81 c..,c_ $787,649 912312014 EXHIBIT D G GUARANTY BANK AND TRUST COMPANY· IRREVOCABLE STANDBY LEITER OF CREDIT NO. 1854 DATE OF ISSUE: December 12,2014 AMOUNT: $787.649.00 EXPfRY DATE: December 12,2015 with automatic renewal provision. Beneficiary: CITY OF WHEA TRIDGE 7500 We:,t 29th Avenue Wheat Ridge, CO 80033 Gentlemen: We hereby issue this lrrevocable Standby Letter of Credit for the account of QUAIL HOLLOW PATIO HOMES, LLC, ("Applicant/Developer'') 6143 S. Willow Drive, Suite 300. Greenwood Village, CO 80111 in your favor in the aggregate amount not exceeding SEVEN HUNDRED EIGHTY SEVEN THOUSAND SIX HUNDRED FORTY NINE AND 00/JOOTHS USDollars (USD$787.~9.00). Fund~ under thts credit are available with GUARANTY BANK AND TRUST COMPANY by payment against presentation of your sight draft(s) drawn on us, at our office, on or before the Expiry Date when accompanied by the following: J. This Original Letter of Credit. 2. Statement, purportedly signed by the Beneficiary. stating as follows: "We hereby certify that the amount of our draft represems funds owed to the City of Wheat Ridge for payment obligations pursuant to the "Subdivision Improve ment Agreement" dated December 10, 2014 between Quail Hollow Patio Homes, LLC ("Developer") and the City of Wheat Ridge" (the "City"). This statement signed by the Benetictary pur'luant to the preceding paragraph shall be conclusive to such matters. 303.293.5500 I GuarantyBankCO.com 1 970.454.4220 0 ffiREVOCABLE STANDBY LETTER OF CREDIT N0.1854 This page ~hall be attached to and become an integral part of the above referenced Letter of Credit Special Conditions J. It is a condition of tlus Letter of Credit that it shall be deemed automatically extended wtthout amendment for one year from the present or any future expirat1on date thereof unless at least ninety (90) days prior to any such date Guaranty Bank and Trust Company notifies the Benefic1ary in writing by certified letter that it elects not to consider this Letter of Credit extended for such additional penod. 2. Partial drawings are allowed. 3. This Letter of Credn is not transferable. Any draft presented must bear the words "Drawn under GUARANTY BANK AND TRUST COMPANY Irrevocable Letter of Credit No. 1854 dated December 12, 2014." Except as otherwise expressly stated herein this credit is subject to the Uniform Customs and Pracuce of Documentary Credits (2007 Reviswn) International Chamber of Commerce, Pubhcauon 600 (UCP 600). Thls Letter of Credit will exp1re at our counters, 3:00 p.m. Mountain Standard time on Lbe Exp1ry Date or any future expiration date thereof. In case of cancellation of this Letter of Credit prior to Expiry Date, the original of this Leller of Credit must be returned to us for cancellation with a statement purportedly signed by the Beneficiary stating thal: "This Letter of Credit is no longer required by us and 1s hereby returned to the issuing bank for cancellation." Please address all communications regarding this Letter of Credit to the attention of Guaranty Bank and Trust Company, Letter of Credit Department, 133 1 17th St., Denver, CO 80202, mentioning specifically our Irrevocable Leller of Credit No. 1854, issued for the account of QUAll... HOLLOW PATIO HOMES, LLC. We hereby agree v. ith drawers and endorser~. and bona fide holders of drafts negotiated under this Letter of Credit that the same shall be duly honored upon presentation and delivery of the documents as specified above. 2 G IRREVOCABLE STAl\lJ)BY LETTER OF CREDIT NO. 1854 Tbic; page shall be attached to and become an integral part of the above referenced Lener of Credit The Letter of Credn sets forth m full the tenns of our undertaking and such undertaking shaH not in any way be modified. amended. or amplified by reference to any documents or instrument referred to herein (except UCP 600), or in which this Letter of Credtt is referred to, or to wluch this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document or instrument. Sincerely, GUARANTY BAN~ AND TRUST C9';JPANY / !.. I !IJn.~/ ~ ~~tUM~~• -C~.-;~oss Thomas V. Hornbacher Executive Vice President Senior Vice President 3