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HomeMy WebLinkAbout0048I 11,11, 1111, 111,, 1111, 1111, 1111, 111,, 11111 11,11111111111111, x$15300 2020004134 01/1012020 02:56:49 PM 29 Page(s) SUBDIVISION IMPROVEMENT AGREEMENT JEFFERSON COUNTY, Colorado THIS AGREEMENT made this ! of SAS i 702 CD (the 1 — zc� cp "Effective Date") by and between the CITY OF WHEAT RIDGE, COLORADO, a home ` rule municipal corporation (the "City"), and v�.l,��l@f�a.,d �dwt�25 , (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 Quail Run. B. On 2 006W , TOO the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property titled Quail Run Final Plat the "Final Plat"}. A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein. C. 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 A rovals. The Property is subject to that certain Outline Development Plan titled Quail Run Planned Residential Development— An Outline Development Plan in the City of Wheat Ridge recorded with the Jefferson County Clerk and Recorder under reception number 2018051702 and Specific Development Plan titled Quail Run Planned Residential Development — A Specific Development Plan in the City of Wheat Ridge, Colorado recorded with the Jefferson County Clerk and Recorder under reception number 2.020 ON 13 5 and will be subject to future review and approval of 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 2 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. Parkland dedication fee -in lieu. Fees in lieu of land dedication shall be calculated -pursuant to the formula in Section 26-413 and shall be paid at the time of plat recordation in the amount of $134,853.12. 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 Council shall be notified immediately and the City may take such. action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare, to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building 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. 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. E 3 7. Installation of Public and On -Site 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 Director of Public Works or designee ("Director"), shall be installed and completed at the expense of the Developer within the timeframes set forth in Section 10 of this Agreement and as outlined in Exhibit C, with only such exceptions as shall be approved in advance by the Director in the exercise of his or her sole discretion. 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. 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 of Wheat Ridge 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 3 kW 11 snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. 9. Observation. Inspection and Testin_a The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. Such approval shall be made by the City, only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. The Director shall, within a reasonable time after presentation, make decisions in writing on all claims of Developer and on all other matters relating to the execution and progress of the work or the interpretation of this Agreement, the master plan and specifications. All such decisions of the Director shall be final. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director 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. 0 10. Completion of Public Improvements. The obligations of the Developer provided for in Section 7 of this Agreement and Exhibit C, including the inspections hereof, shall be performed on or before the issuance of the first Certificate of Occupancy on the Property and no later than June 30, 2022, whichever should occur first, 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 obligated to accept the Public Improvements until the actual costs described in this Agreement are paid in full by the Developer. 11. Deferred Installation of Landscaping and Financial Guarantee. If a Certificate of Occupancy is requested outside of the planting season and prior to completion of landscaping and irrigation, an irrevocable letter of credit or 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. Letters of credit or 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 or letter of credit shall be based on an itemized cost estimate for required landscaping and irrigation. Should the required landscaping not be properly installed upon the expiration of the letter of credit or 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 letter of credit or escrow shall be recovered by the City through normal lien proceedings. 12. 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 61 M 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 the Property's construction operations as Developer and the Director shall deem reasonably necessary. 13. 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. 14. 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. 15. 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. 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 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 including, but not limited to, staking, earthwork, overlot grading or the erection of any structure, temporary or otherwise, until the City has received and approved the irrevocable letter of credit. Notwithstanding the foregoing, the Developer may obtain the A appropriate permits and commence demolition and/or remediation of the Property prior to the City's receipt and approval of the irrevocable letter of credit. 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 10 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. VO FA As further assurance that no individual lot is sold prior to completion of Public Improvements and other on-site horizontal infrastructure necessary to yield developable property, a Declaration of Covenant and Restriction, dated 3 an!� ZoZO has been recorded with the Jefferson County Clerk and Recorder under re .eption number ?_O O H � 3b 16. 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. 17. 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. 18. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 19. 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. 20. 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. 21. 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. I 22. 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. 23. 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. 24. 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 if valid. 25. 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. 26. 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. 27. 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: Wonderland Homes 5560 Greenwood Plaza Blvd. Suite 101-N Greenwood Village, CO 80111 Notice to City: Director of RIFs 7500 West 29th Avenue Wheat Ridge, CO 80033 City Attorney 7500 West 29th Avenue Wheat Ridge, CO 80033 9 28. Force Majeure. Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fires and strikes. 29. 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. 30. 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. 31. Title and Authorit . 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. WHEREFORE, the Parties hereto have executed this Agreement on the day and year first above written. [Remainder of Page Intentionally Left Blank] `w 10 to CITY OF WHEAT RIDGE, COLORADO ATTEST: City Clerk bn JVo��/_ Bud Starker, Mayor 11 11 DEVELO71a,1007 By' STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged before me this 20 , by _�o'� d tri n as d G�.1i0 Ir (y114& &staff Wonderland Homes. Witness my hand and official seal. My commission expires (SEAL) 4:9"1111,#0 yt 12 f'h Ne&ry Pub day of --� ERIN JANEAN MOORE NOTARY PUBLIC - STATE OF COLORADO My IdenUrration # 20164001010 Expires January 11, 2020 12 M EXHIBIT A Legal Description of Developer Property QUAIL RUN FINAL PLAT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO 13 1y EXHIBIT B Final Plat (see attached) 14 _€ b S. 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S 654i SE O aaau.Ls mvnb 3 = ,BS'BZ .6x'DL 'BI ,LDL .BB'Bf g$Q =pB< Qin Ho, r,$ b,l IY O I` aaau.Ls mvnb 3 = g$Q =pB< Qin Ho, r,$ =9 g+og I .89' B ,l0.iLWN e ,t�auas �vnb M61c, ala.— RC ow $o mnm 9�0 m®, fi - pw xaRstN ^� e �s m z e d S ZMM� � _ _- aa��.• Y^ w 84 ��o-7V m g g r aW' z O 'M s'-�- _ .�, -'"� q P F ETI m x a E d u FI`�ma' z .iL'LCB ..r.rarndrl•�o ui�o rrnEp � O ,esza did i inn ao u Z EON .aar3a. M.ev,ti6xw . H_4 EE W ;M4 z c �;b "z" D .hv FN6 km2 V W R 25� p� os zed •�""G � d,4['OlZ 3,10$LWS — vzw E =iselsasosloz F •ox ro3a --MRA k- .A MMODI mosma 9 I kk' R N W N � I xi� EXHIBIT C Phasing Plan for Public Improvements The public and on-site improvements for the property shall be installed in three phases as outlined below. No permits shall be issued prior to receipt of fees -in -lieu of parkland dedication and the letter of credit. • Prior to Phase One: Prior to issuance of a building permit for Lot 1 of Block 1, the following improvements shall be installed: o all-weather access connecting to W. 54th Avenue. • Phase One: Prior to issuance of building permits for Lot 2 of Block 1 and Lots 1- 10 of Block 2, the following improvements shall be installed: o Quail Street (including on -street parking) from W. 54th Avenue to the southern boundary of the subdivision, o the alleyway in Tract E to the east of Lots 1-10 of Block 2, and o the portions of West 53rd Drive and West 53rd Place connecting the alleyway to Quail Street. Final lift is not required. • Phase Two: Prior to issuance of building permits for the remaining single-family lots (Lots 3-14 of Block 1) the following improvements shall be installed: o W. 53rd Drive (final lift not required), o W. 53rd Place (final lift not required), o Pierson Court (final lift not required), and o all drainage improvements (except drain basins, roof drain tie-ins, inlets and manifolds installed by building completion). • Phase Three: Prior to issuance of building permits for the remaining single-family attached lots (Lots 11-42 of Block 2), the following improvements shall be installed: o the completion of the alleyways in Tract E. In addition to the phasing outlined above, the following shall be required prior to issuance of Certificates of Occupancy. • Prior to issuance of any Certificate of Occupancy, the following shall be complete and accepted by the City: o all improvements and furnishings in the public right-of-way; 0 off-street parking areas and alleys; o adjacent sidewalks providing logical connections between the building in street; and o all adjacent on-site landscaping drains, inlets, and lighting specific to that building. • Prior to the issuance of any Certificate of Occupancy, the City of Arvada shall accept the Quail Street right-of-way improvements. The connection to the portion of Quail Street in Wheat Ridge to the south must also be completed and accepted. • Prior to issuance of the final CO all improvements shall be complete including final lift and all on-site and common landscaping. Landscaping for the single - M 15 19A family detached homes (Lots 1-14 of Block 1) must be complete on the particular lot requesting a CO prior to final inspection. 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 11 of the Subdivision Improvement Agreement. 16 EXHIBIT D Cost Estimate for Public Improvements Off-site ROW Improvements On-site Improvements (see attached) 17 23 ARS lRedland E,-, WHERE GREAT PLACES BEGIN Quail Run Quail St. Public Improvements Opinion of Probable Cost Estimate Date: 12/03/2019 JN: 18005 APPROVED y, By Jordan Jefferies at 4:00 pm, Dec 03, 2019 120.283.6782 Office i 1 b0U West Cana. Court, JtlLeton, Colorado 80120 REDLAND.COM lei ll 1141/111 Street Improvements (Wheat Ridge) QUANTITY UNIT PRICE COST Type 2 Curb and Gutter 210 LF $24.75 $5,200 8' Concrete Crosspan 1 EA $2,000.00 $2,000 Concrete Pavement 60 Sy $72.00 $4,350 Compacted Subgrade (4" section) 607 SY-IN $2.80 $1,700 Subgrade Prep - Concrete Walk 1,960 SF $1.75 $3,430 5' Concrete Walk 1,960 SF $5.00 $9,800 Handicap Ramp 1 EA $2,580.00 $2,580 Mid -Block Ramp 2 EA $2,580.00 $5,160 Street Subtotal $34,220 UNIT TOTAL Street Improvements (See Note #3-5) Arvada QUANTITY UNIT PRICE COST Type 2 Curb and Gutter 1,215 LF $24.75 $30,070 Compacted Subgrade (4" section) 16,611 SY-IN $2.80 $46,510 Asphalt (Full depth - 6" section) 3,765 SY $30.73 $115,700 Street Subtotal $192,280 Notes: Subtotal $226,500 Contingency (25%) $56,630 Total Cost (Quail Street) $283,130 1) Earthwork for street is from W 54th Ave. to the end of pavement to the south. 2) Subgrade prep is measured from TBC to TBC. 3) These Street Improvements include quantities to build, from TBC -TBC with complete improvements within the City of Wheat Ridge, Quail St. from W. 54th Ave. to W. 53rd Ave. in the event Haskins Station does not complete Quail St. prior to this development. 4) Parking areas along Quail St. from Haskins Station plan assummed to be asphalt. 5) Quantities taken from Haskins Station approved plans dated October 11, 2019. CITY OF WHEAT RIDGE PUBLIC WORKS DATE 12/3/2019 Page 1 of 2 RECEIVED 12/3/2019 Revised submittal Quail Run Internal Road Public Improvements Opinion of Probable Cost Estimate Date: 12/03/19 JN: 18005 UNIT TOTAL Storm Sewer Office ,4 Redla 1b00 West Cana. Court, 94 L.A. _ittleton, Colorada 80120 Jtlet n, Coo F, ` WHERE GREAT PLACES BEGIN REDLANacom Quail Run Internal Road Public Improvements Opinion of Probable Cost Estimate Date: 12/03/19 JN: 18005 UNIT TOTAL Storm Sewer QUANTITY UNIT PRICE COST 18" RCP (0-8' depth) 335 LF $85.00 $28,480 4' Dia. Manhole 1 EA $3,250.00 $3,250 5' Dia. Manhole 1 EA $4,000.00 $4,000 10' Type'R' Inlet 3 EA $6,000.00 $18,000 15' Type'R' Inlet 1 EA $8,500.00 $8,500 18" Flared End Section 1 EA $1,350.00 $1,350 Pond Outlet Structure 1 EA $15,000.00 $15,000 12" SDR -35 PVC 55 LF $70.00 $3,850 12" Cleanout 1 EA $200.00 $200 Storm Sewer Subtotal $82,630 UNIT TOTAL Street Improvements QUANTITY UNIT PRICE COST Earthwork (3' vertically over TBC -TBC) 5,026 CY $4.00 $20,100 Subgrade Prep 4,390 SY $1.75 $7,680 Asphalt (Full depth - 6" section) 4,390 SY $30.73 $134,900 Type 2 Curb and Gutter 2,290 LF $24.75 $56,680 8' Concrete Crosspan 1 EA $2,000.00 $2,000 4' Concrete Crosspan 2 EA $1,500.00 $3,000 Concrete Pavement 67 SY $72.00 $4,800 Subgrade Prep - Concrete Walk 9,040 SF $1.75 $15,820 5' Concrete Walk 9,040 SF $5.00 $45,200 Handicap Ramp 6 EA $2,580.00 $15,480 Mid -Block Ramp 3 EA $2,580.00 $7,740 Street Light (Local) 5 EA $10,000.00 $50,000 Street Subtotal $363,400 Subtotal $446,030 Contingency (25%) $111,510 Total Cost (Internal Roads) $557,540 Grand Total $840,6Z-01 Notes: 1) Subgrade prep is measured from TBC to TBC. Page 2 of 2 YEARS RIedland 72tleton Col office 1500 West Canal Court, Littleton, Colorado 80120 E-4 WHERE GREAT PLACES BEGIN AEDLAND.COM Quail Run Private Improvements Opinion of Probable Cost Estimate Date:08/5/19 JN: 18005 Storm Sewer Subtotal $12,380 QUANTITY UNIT UNIT TOTAL Storm Sewer QUANTITY UNIT PRICE COST Area Drain 3 EA $220.00 $660 8" SDR -35 PVC 190 LF $60.00 $11,400 8" Cleanout 2 EA $160.00 $320 Storm Sewer Subtotal $12,380 Water Subtotal $236,760 Sanitary Sewer QUANTITY UNIT UNIT TOTAL Water QUANTITY UNIT PRICE COST Connect to Existing Main 1 EA $2,500.00 $2,500 Fire Hydrant Assembly 5 EA $5,250.00 $26,250 6" CL -52 DIP 114 LF $30.00 $3,420 6" C-900 CL 149 368 LF $30.00 $11,040 8" C-900 CL 150 1,830 LF $35.00 $64,050 8" - 452 Bend w/ Kick Block 4 EA $350.00 $1,400 8" x 12" Tee Fitting 1 EA $450.00 $450 8" x 8" Tee Fitting 3 EA $350.00 $1,050 8" x 6" Tee Fitting 7 EA $350.00 $2,450 8" Gate Valve 9 EA $2,000.00 $18,000 12" Gate Valve 1 EA $2,750.00 $2,750 6" Gate Valve 7 EA $1,800.00 $12,600 2" Blow off 2 EA $2,000.00 $4,000 3/4" Water Service w/ Meter Pit 14 EA $1,425.00 $19,950 1" Master Meter 10 EA $6,500.00 $65,000 Pressure Testing 2,312 LF $0.80 $1,850 Water Subtotal $236,760 Sanitary Sewer QUANTITY UNIT UNIT PRICE TOTAL COST Connect to Existing Main 1 EA $3,500.00 $3,500 8" SDR -35 PVC 2,150 LF $33.00 $70,950 4" Service w/ wye, cap, bend 56 EA $1,250.00 $70,000 4' Dia. Manhole 12 EA $3,500.00 $42,000 Flush Sewer 2,150 LF $0.50 $1,075 Air Test 2,150 LF $0.60 $1,290 Sanitary Sewer Subtotal $188,815 Page 1 of 2 t(0 YEARS Redland 72tletonb 83 otorado ce 1500 west Canal Court, raLittleton, Colorado 80120 EI WHERE GREAT PLACES BEGIN REDLAND.COM Quail Run Private Improvements Opinion of Probable Cost Estimate Date: 08/5/19 J N : 18005 Storm Sewer QUANTITY UNIT PRICE COST 18" RCP (0-8' depth) 335 LF $85.00 $28,480 4' Dia. Manhole 1 EA $3,250.00 $3,250 5' Dia. Manhole 1 EA $4,000.00 $4,000 10' Type'R' Inlet 3 EA $6,000.00 $18,000 15' Type'R' Inlet 1 EA $8,500.00 $8,500 18" Flared End Section 1 EA $1,350.00 $1,350 Pond Outlet Structure 1 EA $15,000.00 $15,000 12" SDR -35 PVC 55 LF $70.00 $3,850 12" Cleanout 1 EA $200.00 $200 Storm Sewer Subtotal $82,630 Street Improvements QUANTITY UNIT PRICE COST Subgrade Prep 2,220 SY $1.75 $3,890 Concrete Pavement 2,220 SY $72.00 $159,840 Subgrade Prep - Concrete Walk 3,370 SF $1.75 $5,900 5' Concrete Walk 3,370 SF $5.00 $16,850 Street Light (Bollard) 3 EA $5,000.00 $15,000 Street Subtotal $201,480 Subtotal $722,065 Contingency (25%) $180,520 Total Cost (Internal Roads) $902,585 Grand Total $945,3651 Notes: 1) Quantities based on Quail Run construction documents prepared by Redland. Quantities may differ from final design of sanitary sewer by others. Page 2 of 2 (L-A MGM EXHIBIT E Letter of Credit Template (see attached) iE:3 EXAMPLE LOC — Parentheses O indicate applicant/bank defined fields 2 (Bank Letterhead) LETTER OF CREDIT # (L.O.C. #) BENEFICIARY: The City of Wheat Ridge ADDRESS: 7500 West 291i 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 Corners at Wheat Ridge (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) (Name and Title of Bank Officer) DEN -132644-2