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HomeMy WebLinkAbout6230 West 38th Ave (Wang)R $123.00 10127/2020 09:53:08 AM 23 Page(s) �I�IIIIIIIIII II�IIIIIIIIIIII ��I D $0.00 JEFFERSON COUNTY, Colorado 2020140591 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made this -I 04*v" __ of 0c,FyIDC , 2020 (the "Effective Date") by and between the CITY OF of RIDGE, COLORADO, a home rule municipal corporation (the "City"), and 6230 West 38th Ave LLC, a Colorado limited liability company (the "Developer"), together referred to as the "Parties." RECITALS A. The Developer is the owner of certain real property located in the Cit of p p P Y Y Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property"). The project entails a mixed use development of a nonresidential building and 14 townhomes, the Site Plan which is known as 6230 W. 38' Avenue Site Plan (the "Project"). B. On March 9, 2020, the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property titled Wang Subdivision (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 certain terms, conditions in connection with the subdivision of the Property, 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, except for those waivers or modifications that are specifically enumerated herein. 2. Related City Agreements and Ai2provals. The Property will be subject to future review and approval of site plan(s), civil construction documents, right-of-way permit application(s), site work permit application(s), and building permit application(s). Through such approvals, the City will review and approve the final design of any development and public improvements related thereto. This Agreement is based on information available at the time of approval of the Final Plat and shall not constitute approval of the Public Improvement designs. The Developer shall obtain all required right-of-way, site work, and building permits, and comply with all applicable conditions including, but not limited to, contractor licensing, insurance, and bonding. 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. Upon request, the City agrees to provide a written accounting of such fees. 4. Parkland Dedication Fee -in -Lieu. Fees in lieu of land dedication shall be calculated pursuant to the formula codified in Section 26-414 of the City Code. For this Project, the total fee -in -lieu of parkland dedication is $28,302.68 for the 14 new residential units in a mixed use development and shall be paid at the time of plat recordation. 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 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 (30) day period the Developer may cure the breach described in the notice. E 7. Installation and Phasing 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 beginning from the start of the Warranty Period as stated above; and (d) To the degree the Developer is required to install and maintain landscaping on public property, it is the obligation of the Developer and its successors and assigns, to maintain the required landscaping during the Warranty Period and in perpetuity. This obligation shall include maintenance of the amenity zone landscaping on W. 38th Avenue between the sidewalk and the property line. After the Warranty Period, the obligations contained in this Section 8(d) shall only apply to the current 3 owner of the Property. In the event the Developer is not the owner of the Property after the Warranty Period, the Developer shall be released from any and all obligations contained in this Section 8(d). The City will finally accept for maintenance all Public Improvements, exclusive of landscaping materials, 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 for the Project. 9. Observation Ins ection and Testinc . The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. Such approval shall be made by the City, only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. The Director shall, within a reasonable time after presentation, make decisions in writing on all claims of Developer and on all other matters relating to the execution and progress of the work or the interpretation of this Agreement, the master plan and specifications. All such decisions of the Director shall be final. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director and his authorized representatives shall have free access to the work at all times, and Developer shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine the progress of the work and to see 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. 4 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. 10. Completion of Public Improvements. The obligations of the Developer provided for in Section 7 of this Agreement and in Exhibit C, the Phasing Plan, including the inspections hereof, shall be performed on or before July 30, 2022, 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 any or all Public Improvements, the Director shall inspect the Improvements within 14 days of Developer's written request and within 14 days thereafter shall certify with specificity, in writing to the Developer, the Public Improvements' conformity or lack thereof to the City's specifications (the "City's Certification"). The Developer shall make all corrections necessary to bring the Public Improvements into conformity with the City's specifications. Once approved by the Director, the City shall accept said Public Improvements in writing upon conveyance; provided, however, the City shall not be obligated to accept the Public Improvements until the financial obligations described in this Agreement are paid in full by the Developer. 11. Deferred Installation of Landscaping and Financial Guarantee. If a Certificate of Occupancy (CO) is requested prior to completion of landscaping and irrigation based on said CO request being made outside of normal planting season, an irrevocable letter of credit, cash, or an escrow account shall be accepted for the completion of necessary landscaping and irrigation. Said financial guarantee shall be in the amount of one hundred and twenty five percent (125%) of the cost of installation of such landscaping and irrigation. Letters of credit or escrows shall not be released until all planting and finish materials shown on the approved landscape plan within a specific Phase 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 61 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 �J 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 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 Cily. 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 two (2) years 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. D1 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 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 times shall relate to the cost of required Public Improvements not yet constructed. In the event the Public Improvements are not constructed or completed within the period of time specified by 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. 7 Upon completion of performance of such Public 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 on public property), 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. 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 a- aoab , has been recorded with the Jefferson County Clerk and Recorder under reception number 96;?b H o R a . The burden of this Declaration of Covenant and Restriction shall terminate for each Phase upon the City's acceptance of the Public Improvements and on-site horizontal infrastructure required for each Phase pursuant to this Agreement. 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 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 provided such suit, action, or claim arose due to Developers negligence during Developer's ownership of the Public Improvements. This indemnity does not include any legal action commenced by a third party against the City for any accidents, crimes or similar events not caused in whole or in part by the Developer or its agents, contractors or employees and outside of the Developers control. The Developer shall pay all property taxes due on any portion of the Property to be 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 E:3 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. 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 it 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. Attorneys Fees. Should this Agreement become the subject of litigation to resolve a dispute over the interpretation of this Agreement or either party's rights or obligations hereunder, the prevailing party will receive reimbursement from the non - prevailing party of the prevailing party's reasonable attorneys fees and 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: 6230 West 38th Ave LLC 4435 Irving Street Denver, CO 80211 (� Notice to City: Community Development Director 1 " 7500 West 29th Avenue Wheat Ridge, CO 80033 City Attorney 7500 West 29th Avenue Wheat Ridge, CO 80033 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. Upon the expiration of the Warranty Period, the City shall, at the request of Developer or its heirs, successors in interest and assigns prepare, execute, and record any reasonable instrument necessary to release this Agreement of record from the Property and all individual lots with the Office of the Jefferson County Clerk & Recorder. 31. Title and Authoritu. 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] 10 11 CITY OF WHEAT RIDGE, COLORADO By: ZPV Bud Starker, Mayor ATTEST: 4::�EA Stephe irkpatrick, City Clerk 12 DEVELOPER 6230 est 38th Ave LLC, a Colorado limited liabil'company By: Name: Title: Member STATE OF COLORADO ) SS. COUNTY OF The foregoing instrument was acknowledged before me this�� day of 20 1) by ` 9N \� 1� , as yrmbtlL� of C zz v _ LIQ� (SEAL) Witness my hand and official seal. My commission expires: CLI I 13 MELISA HERNANDEZ SANCHEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194027648 j MY COMMISSION EXPIRES 07/22/2023 EXHIBIT A Legal Description of Developer Property WANG SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO l "` 14 EXHIBIT B Final Plat (see attached) 15 1Q 1! •raa � eama �y� s ¢S90Y9G�Y �111R I I K � I I I I w I I \ I I cr N �I 3I I ,� \ 6ew.�pay9Y[apged oP4�.Si R yaaxys AVI �I I Z !" -�a�3:�uei�mnu nru -- b � [I II�5i.�i .Y �� pySli "si sir sNig.�r '6_6 ."�gQg S$e�ese ti o gli 166 �� _3-�w Jg +i€ �"�w �E �E� ��£R1I� i e � s i- '° gb - •--J6 4� z § i b - z i p l g '-�' ,05'9[1 ;�lycoos 05'01 1 1 ��ggg p I 5' munoAm s �- I _g I � w.l ��,z;A"v.��.,,� \ � se� Asa ■ � 's ��p� � t 3 In1�. i� .I RgaCS WA- Is gills I C I --------- I> I ; 3�ffi a I / - -1- YYY699YitiiYYYYYY9Y GZ7;yy7Z�yy1 gig yy��+i� -" \1 EXHIBIT C Phasing Plan for Public and On -Site Improvements The public and on-site improvements for the property shall be installed in one phase as outlined below. • No permits shall be issued prior to receipt of fees -in -lieu of parkland dedication and the letter of credit. • Building permits may be issued for Lot 15 prior to completion of Public Improvements. • Prior to issuance of vertical building permits for Lots 1-14, the following improvements shall be installed: all drainage improvements (except drain basins, roof drain tie-ins, inlets and manifolds installed by building completion), all on-site alleys/drive aisles (final lift is not required), fire turnaround. • Prior to issuance of the first Certificate of Occupancy on the site, the following shall be completed and accepted by the City: all improvements and furnishings in the public right-of-way and off-street parking areas. • Prior to issuance of the first CO for each townhome building, the following shall be complete and accepted by the City: adjacent sidewalks providing logical connections between the building and street, all adjacent on-site landscaping, drains, inlets and lighting specific to that building, and top lift. 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 (see attached) 17 RROIN CIVIL ENGINEERS 2629 E. Geddes Avenue Centennial, CO 80122 303-329-9004 DESCRIPTION CONSTRUCTION COST ESTIMATE PUBLIC IMPROVEMENTS 6230 W 38th Ave January 9, 2020 UNIT QUANTITY COST Susan P. Mizuno, P. E., LEER®AP COST Sidewalk chase LF 16 50.00 800.00 Light pole EA 1 8000.00 8,000.00 Concrete Pavement SF 510 8.00 4,080.00 Concrete Sidewalk SF 870 5.00 4,350.00 18" RCP LF 30 35.00 1,050.00 5' ID Manhole EA 1 5500.00 5,500.00 Electrical pull box EA 1 700.00 700.00 Hot mix asphalt (patch) SY 8 41.00 328.00 6" vertical curb LF 20 32.00 640.00 Streetscape bench EA 1 2355.00 2,355.00 Trash receptacle EA 1 2006.00 2,006.00 Bike rack EA 1 1091.00 1,091.00 Sub -Total 30,900.00 25% contingency 7,725.00 Total 38,625.00 Prepared by: sA4;:•'- Q/�yy 0• ��� •'p -- Digitally signed by Susan P Mizuno a 24431 :-^ Date: 2020.01.09 Susan P. fj.�i,���o, P.E. •4rr 10:36DAW'00' ArrowCivilQers CITY OF WHEAT RIDGE PUBLIC WORKS DATE 01/08/2020 RECEIVED 01/0812020 8th Submittal CITY OF WHEAT RIDGE PUBLIC WORKS, ENGINEERING APPROVED FOR: O DRAINAGE .0 SIDEWALK O CURB b GUTTER O STREET 16MISCELLANEOUS O PLAT COMMENT itemized Engineer's Cost Estimate 0111012020 CML ENGINEER` DATE SUBJECT TO FIELD INSPECTIONS RRO W CIVIL ENGINEERS 2629 E. Geddes Avenue Centennial, CO 80122 303-329-9004 CONSTRUCTION COST ESTIMATE PRIVATE IMPROVEMENTS 6230 W 38TH AVE August 19, 2019 CITY OF WHEAT RIDGE PUBLIC WORKS DATE 01/24/2020 RECEIVED 01/24/2020 8th Submittal Susan P. Mizuno, P. E., LEED ®AP J� DESCRIPTION UNIT QUANTITY COST COST Sanitary Sewer LF 570 10.00 5,700.00 6" PVC (san sewer) LF 330 25.00 8,250.00 4' Dia Manhole EA 4 4000.00 16,000.00 4" PVC LF 210 8.00 1,680.00 Water 6" DIP LF 58 20.00 1,160.00 1-1/2" Ty K LF 570 10.00 5,700.00 Storm Sewer Hydrodynamic Separator EA 1 8000.00 8,000.00 Triple type 16 inlet EA 1 7000.00 7,000.00 60" HDPE LF 221 300.00 66,300.00 18" HDPE LF 19 30.00 570.00 Single Type 16 curb opening inlet EA 1 5500.00 5,500.00 Type B Manhole EA 1 7000.00 7,000.00 60"x18" HDPE tee EA 1 300.00 300.00 Access MH EA 5 200.00 1,000.00 Trash racks EA 2 750.00 1,500.00 4" concrete channel LF 300 10.00 3,000.00 Trench drain LF 155 12.00 1,860.00 Site Bike rack EA 4 10.00 40.00 Concrete Pavement SF 10,360 8.00 82,880.00 Concrete Sidewalk SF 2,860 5.00 14,300.00 Curb and gutter LF 400 5.00 2,000.00 Prepared by: ,.Poo R�cs� kn P �l� •,� •J li ; y 24437 Susan P. Mizuno, P.E Arrow Civil Engineers k IS edy signed ioan P bn0 e: 2020.01.24 12:33 -07'00' Irm- Date 234,040.00 CITY OF WHEAT RIDGE PUBLIC WORKS, ENGINEERING APPROVED FOR: 0 DRAINAGE 0 SIDEWALK O CURB & GUTTER 0 STREET Id MISCELLANEOUS 13 PLAT COMMENT Itemized Engineers Cost Estimate il 144 ,y. 01/2712020 CIVIL ENGINEER DATE SUBJECT TO FIELD INSPECTIONS EXHIBIT E Letter of Credit Template (see attached) 18 EXAMPLE LOC — Parentheses () indicate applicant bank defined fields (Bank Letterhead) LETTER OF CREDIT # (L.O.C. #) BENEFICIARY: The City of Wheat Ridge ADDRESS: 7500 West 29a' 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) By: (Name and Title of Bank Officer) DEN -132644-2