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Home My WebLink About0017 RECEPTION NO. "'.:1 h ,:' t" ,'''; (', !:il1/~00J lJ:l1:~b P(3: 001 -01.A p.fl~E FEE:: ','l.(I':' DOC.n:E: .0.00 REcORDED IN JEFFERSON COUNTY. COLORADO -1 I ---- SUBDIVISION IMPROVEMENT AGREEMENT \ \\ " \ THIS AGREEMENT made this 21stday of Januarv 2003, by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and Centex Homes - A Nevada General Partnership, (the "Developer"), together referred to as the "Parties" " I . RECITALS. 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 4700 Garrison Street. J, / I. On November 18th, 2002, the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property titled Garrison VillaQe A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein The approvals cited above are contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutualiy acknowledged, the parties hereto agree as follows 1 Purpose The purpose of this Agreement is to set forth the terms, conditions, and fees to be paid by the Developer upon subdivision of the Property All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein 2 Other Requirements In the event the Denver Water Board and Wheat Ridge Water District declare Stage 3 drought conditions and adopt rules prohibiting the placement and watering of sod, all areas for which sod was approved on the final development plan shall be protected with temporary erosion control solutions until approved permanent solutions may be placed. The Engineer of Record shall design and submit a temporary erosion control plan to the City of Wheat Ridge for approval and placement in the initial construction. The developer shall be responsible for maintaining all erosion control items. Should the drought conditions improve and the Board and District allow sod placement and watering, the approved landscape plan shall be fully implemented within 120 days of such decision by the Board or District. 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 SUBDIVISION IMPROVEMENT AGREEMENT 5/01 connection with the review of the subdivision of the Property 4 Title Policy A title commitment for the Property shall be provided to the City The title commitment shall show that all property to be dedicated to the City 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) The City, in its sole discretion, may accept any dedication regardless of encumbrances The title policy evidenced by the title commitment shall be provided thirty (30) days after the recording of this Agreement. 5 Breach by the Developer: the City's Remedies In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare, to protect lot buyers and builders, and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to ,/'! , ..-r- (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 its intent to take any action under this paragraph during which thirty day period the Developer may cure the breach described in the notice 6 Public Improvements and Warranty All storm sewer lines, drainage structures, paved streets, including curb, gutter and sidewalk, and necessary appurtenances as shown on the subdivision plat and the associated construction documents (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 time frames set forth on Exhibit C The Public Improvements required by this Agreement and shown on the construction documents approved by the Director of Public Works of the City, the time frames for construction of the Improvements and the itemized costs of these Improvements are set forth on Exhibit C if applicable All Public Improvements covered by this Agreement shall be made in accordance with the construction documents drawn according to regulations and construction standards for such improvement and approved by the Director of Public Works of the City It is understood by the Parties that the description of the Public Improvements may be general in nature, and that reasonable modifications of the scope, nature, costs, and similar aspects of the Public Improvements may be necessary to secure final approval of the SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -~- Public Improvements The quantities and locations forthe 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 revisions to the Final Plat approved by the City The Developer shall warrant any and all Public Improvements which are conveyed to the City pursuant to this Agreement for a period of two (2) years from the date the City's Director of Public Works certifies that the same conform with specifications approved by the City Specifically, but not by way of limitation, the Developer shall warrant the following (a) That the title conveyed shall be marketable and its transfer rightful, / (b) Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance, and (c) Any and all facilities so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer to maintain the required landscaping for two (2) growing season(s) The City will finally accept for maintenance all Public Improvements after the warranty period has expired provided all warranty work has been completed The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy 7 Installation of Traffic Siqnal A traffic signal may be required to serve this development. Determination of the need for the signal shall be made by the City's Public Works Director, hereinafter "Director", prior to building permit issuance and based upon a traffic study for this development approved by the City The Developer shall provide collateral for the estimated cost of installation of the traffic signal prior to building permit issuance, if the Director has determined that a signal is needed Prior to building permit issuance, the Developer shall provide traffic signal plans for approval by the Developer and the Colorado Department of Transportation The Developer shall notify the City in writing, a minimum of one hundred sixty (160) days prior to the desired time of installation/modification of the traffic signal in order to allow the City to coordinate the timing of the traffic signal improvements If the Director approves installation of the signal based on meeting traffic warrants, the City shall then notify the Developer in writing of the exact amount required for the traffic signal improvements The Developer shall then make payment to the City in cash for the required amount within sixty (60) days of receipt of such letter The City will not commence traffic signal improvements until the Developer has paid to the City the total amount determined by the Director to be the total cost of improvements SUBDIVISION IMPROVEMENT AGREEMENT 05101 -3- 8 Observation, Inspection and Testing The City shall have the right to require reasonable engineering observations and testing at the Developer's expense Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements Such approval shall be made by the City, only after completion of construction and in the manner hereinafter set forth The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause 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 ,I progress of the work or the interpretation of this Agreement, the master plan and I 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. 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 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 January 9, 2004, and proper application for acceptance of the SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -4- Public Improvements shall be made on or before such date Upon completion of construction by the Developer of such Improvements, the City's Director of Public Works or designee, shall inspect the Improvements and certify with specificity its conformity or lack thereof to the City's specifications The Developer shall make all corrections necessary to bring the Improvements into conformity with the City's specifications Once approved by the City's Director of Public Works, the City shall accept said Improvements upon conveyance, provided, however, the City shall not be obligated to accept the Public Improvements until the actual costs described in this Agreement are paid in full by the Developer 10 Protection Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or employees of the City Developer shall adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developer's Improvements caused by negligent or willful acts of Developer, its agents or subcontractors Developer shall take all reasonable effort necessary to prevent damage to pipes, conduits, and other underground structures and to overhead wires, and to water quality Developer shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent of the City has witnessed or otherwise referenced their location, and shall not remove them until directed When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of Improvements, or in consequence of the non-execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury Developer shall at all times, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations as Developer and the Director shall deem reasonably necessary 11 Related Costs - Public Improvements The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at its sole cost and expense, including final drainage study letter certified accurate by a professional engineer registered in the State of Colorado 12 Improvements to be the Property of the City All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements SUBDIVISION IMPROVEMENT AGREEMENT 05101 -)- accepted by the City shall be dedicated to the City and warranted for a period of twenty- four (24) months following acceptance by the City, as provided above 13 Performance Guarantee In order to secure the construction and installation of the Public Improvements the Developer shall, prior to recording the Final Plat, if applicable, in the real estate records of Jefferson County, which recording shall occur no later than 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 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 required by Section 26-413 of the Wheat Ridge Subdivision Regulations The Developer agrees that approval of this Agreement by the City is contingent upon the Developer's provision of an irrevocable letter of credit 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 0, if applicable, and shall be subject to the review and approval of the City Attorney The Developer shall not start any construction of any public or private improvement on the Property including, but not limited to, staking, earth work, overlot grading or the erection of any structure, temporary or otherwise, until the City has received and approved the irrevocable letter of credit. The estimated costs of the Public Improvements shall be a figure mutually agreed upon by the Developer and the City's Director of Public Works, as set forth in Exhibit C if applicable If, however, they are unable to agree, the Director of Public Works' estimate shall govern after giving consideration to information provided by the Developer including, but not limited to, construction contracts and engineering estimates The purpose of the cost estimate is solely to determine the amount of security No representations are made as to the accuracy of these estimates, and the Developer agrees to pay the actual costs of all such Public Improvements The estimated costs of the Public Improvements may increase in the future Accordingly, the City reserves the right to review and adjust the cost estimate on an annual basis If the City adjusts the cost estimate for the Public Improvements, the City shall give written notice to the Developer The Developer shall, within thirty (30) days after receipt of said written notice, provide the City with a new or amended letter of credit 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 paragraph 9 of this Agreement or a written extension of time SUBDIVISION IMPROVEMENT AGREEMENT 05101 -6- mutually agreed upon 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, 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 /j /j I , 14 Indemnification The Developer shall indemnify and hold harmless the City and its officers, employees, agents or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of this Agreement any act or omission of the Developer, or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements, and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim The Developer shall pay all property taxes on the Property dedicated to the City 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 it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 16 Third Party Beneficiaries There are and shall be no third party beneficiaries to this Agreement. 17 Modifications This instrument embodies the whole agreement of the Parties There are no promises, terms, conditions, orobligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction 18 Release of Liability It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado SUBDIVISION IMPROVEMENT AGREEMENT 05101 -7- 19 Captions The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof 20 Blndinq Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns as the case may be 21 No Waiver No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder 22 Invalid Provision If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid 23 Governinq Law The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado 24 Attornevs Fees Should this Agreement become the subject of litigation to resolve a claim of default of performance or payment by the Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs 25 Notice All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below Either party by notice so given may change the address to which future notices shall be sent. Notice to Developer' Mark Krivel. Division President Centex Homes - A Nevada General Partnership 9250 East Costilla Avenue, #200 Greenwood Villiaqe, Colorado 80112 Notice to City Tim Paranto Director of Public Works 7500 West 29th Avenue Wheat Ridge, CO 80033 SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -8- 26 Force Maieure Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fires and strikes 27 Assiqnment 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 28 Recordinq of Aqreement. This Agreement shall be recorded in the real estate \ records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof 29 Title and Authority The Developer, Centex Homes, expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. SUBDIVISION IMPROVEMENT AGREEMENT 05/01 -'1- WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written CITY OF WHEAT RIDGE,~LpRADO / J/' /'- ,/ I ( "-."., t. . , ~{c~~n ~e~~~~~, M~y~/r : '(, I i 1 c, " \ ! By' ATTEST , " '~i" 'v. ! , P.... ~ _..' 11 ".'- "-, , ,\ J '.' , " :tif< J" ~_J-,. ,'.- . ~~.... ~ y,vanda'~ng, City Clerk.. f ..-.( '~~1:,. I ..J !' ,~ ~ l ;,'1.. I : ,J I.,). " :.; . ~ . - .. ~, ~~ Mark Krivel, Division President By' STATE OF COLORADO COUNTY OF 1\ i ) ) ) ss The foregoing instrument was acknowledged before me this -'I) , 2003, by i I ! .j of day of , as Witness my hand and official seal ~-. / Notary Public My Com""""G, \ Expires 03/1112004 SUBDIVISION IMPROVEMENT AGREEMENT 05/01 .10. 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AN-Y ~-fR&GlH- WoiO ~1ltO~\IIQ.'Y RfIjlO'J(S, AI.1fRS ~ ~F"CESANY PD81.~Cl,AND ~'r'~ir OR I..A:H09OONlJ:tRYlllleHtdMEtltT 0R ACGeSSOlitY, (;~HS A CL.~ 1'WQ. (2) IIIlSBiWE.AHQfi lI~ANt TQST~':TE' S.TAtuTE lS-4'-50,ec.R.S. 5. TI\1.[ ~TY 0f l1<tE SUR\II['!'tD PeOP.ERTY UES .Yf.'!:HtNAN AREA elF' SPE,CIAL ~t~QF~~.~~~~~~~~~1I~~04. =9~5aC, AND A ~A!o,I,. ~. oF ZONE C ALONG tHE $GUn; 'ffiO~TAGE ~ 6, ~~:g::lJ~C~DG~~TG~~~Sti~~;~~S~~~SAZ;~:~~ AC110N llllSC~ S\.i\lM,OO-FECl IN~, (~r. ~Y 6NY ACTION B-4S(Q LJfiI'ON P.<!llY OiF'EC'T IN' ooS ~Y-BE COWM€NC~D- ~E ~AIIj lEN "i1:O,ARSf'RQM, .1J:oI~ O....TE fJf 1?lE GiR1ifrc~.'ilQIIl. ~WN' HEREON. 7 Z~F5flRO. \ 4. ~OH I(lUAGE :HQJolf..Q;iIINERSASSOC~TWN \'Ifl,L- BE l'lf:SPONSI8U' f~ THE ~~oF llIt( ~-WT. 51,eNS- AND L/oINOSCAPlhlG 1flI':rHlN. TWE fR,4FFIC lSA,ii!lNlJ' ',/IlREAS Of' J'-lQ.VltiR STREET. 9 'tEN~poor (fan WiQE UTIldTY E..~TS ARE: H~~Eay GRAN1E;D QN PRIWlTE: ~ ~JA('.J[NT:rO IU.L P\:J8LIC' ~!:TS)N THE S!SOI'6qHeF ft~-Arrro ~" ~.G L.OTS, "'MACiS, P~LS ~/aR ~N :W.4CE~~_ THESE fA5BllfN''t''S _ ~C:.t'J"l{D FOR l1'tE 1N51iA;~k'FJON, '.YMN,lEN~, .0 REfI'l~....r ~ ElfCTRlC. CAS, ~lf~ON'CABLE. AND TE.t;E~"TI0NS F'4QW~S. U1ll.,ITIC:i SH~L ALSI). BE ~MtI1'1ID 'Wf;r,lJN A('iI'I' At::!:!Bs:EAi5QfENTS AHf:l 'Nf\iA1'E, Sl'REE1SjN T"*f, s:.tJIBMSlOH-. fIE".*:NEN'f s'ffluc1'Uiii:s ~ Wk.TeR ~.:tt-RSSHM.J.. NQt ,BE fO:;RftllTIE;D- 'M~ SArnutlLJ'ff EASSUENJS, ", ~-".7;,~,..."~:,, -i",:': i',~ ::::~ """-"~:~"''', I,.,. '2, """.,"-::'" -.c::',._,....'r.,;..( ,,'...,......, ~" ,,-.... , -.",':.' ~"""',c. ~ ., '..__ e,,' ." ..1 , , i~l)'Il'pll!, ~ '!' .. A<E M-AP :s. (COIIITINUED) I G-H is-Of,... WAY ~,., -~._._ 6~fu~~~.'~~~~%~Q~~t~~WAY "'T-"".'~ ' ~~~~~~~~~~-'-~~A~D Ar:rliAC11~ APP~ARAN"CE OF ThtE PROP.€R'TY QlIlJlll~ERS" .'p. -, T-Q~ 1+1[:' A~tjYAl; CQ$15 .F9R'-MAJNJ~~Af'j,CE,lf ~~,' O.l5_T,.1~'. D *~:U'lIiJTY COSTs (~m_~ AND W1limlil:}-'Of" THE Rl~T-QF"~~'I' ,_, ,.',' NE ~~TY~,~~ YQ-W{II A$-oFlSl! AS:'~~AfP'.toEVAL-UA1E,-T(:jJ tM!1ll'f;~)t;~'i';E'-N-"I~~ ANEl, TO TAKE' "p',PRopl;:!Ai~ACn0N TO 'INSURE- PRGPER M:A1~'fII~. A R;~I:~~~~~E'~E~l e~l~Ba,~QlJtRE, D roEN~WRE THAT ~~~~~~~~~~ts,~'SfflW:~tGHT~OF~WA,( IS THE idlllRE TO .C~,~bY "!ll:lRS- -w e...... ,':',<,~,'~'~,.T.',H '~. ',. '",. '. 'E-, ~.',", .,J.if, .l"l~,s':t<{,!M-E'. ~.'S' .~1P,~OR. Jl.',.,>>'lU-.REOV!RE if Cl11YaI'" .~>'~'~". ", ~:.~y;,~~ mE. PROP_E~f.Y \M<tERSIN-G '_ ~~~~ '" 'ALL',.COSl$~F?R 1lif?:WO~, CAS;~ Hf!;TORY WZ.,...ol-,Q6 wl""-e:!,-Q8 "-, -';;" . "~~';- ~~~'" ~ "" - -'-~--'~-'~"--~--"-~--....--...-,~.~...,--- ....."::.:'r.."tl"'. ~~'1o''-*,~:''F;';-~,~ ')'C"-<:::' .' ~._ EXHIBIT B APP~Ovt"D 13 PLANt'!ING COMMISSION CERnFICA TE THJ~ IS "~o (~Ef(nfY,'1HAT ThE WL-THlN PlA1"__HJ,S ,~EN APPROVED BY THE PLANNING COt.fMlSSl0N ~ Ti-!E CfTY OF ''t'!H(AT- RIDGE, COLORADO c.:HAIHMAN MAY~S CERTIFICATE THIS.'!$; .T9,t;,~'l)FY ,lJ,j~T THE ~ITY OF,\lttfAT.):t,~~E~::COlOOA.DO; 8'r' MOTION OF Irs CITY !=<-Ol#;te:!L:~DlQ:Otil~~!::;; ~A''f. Pf ~":il:09,2;'':o\Q'!3P.T AtiD~ APPROVE T1-iE~THIN :pcAT-.ANO"'ll,CCEPT 'THE ,DEOrCA11QNS"-HtR'EON 'MADE;:. MAYOR A HEST; CI [y CLE.HK CLERi< AND RECORDER'S CERTIFICATION f\ ~) STATE OF CO,I,.QRADQ SS C~NTY OF JEFFE~ ~d~~~~S~~~~yTH~~~h~~fc~~~E~L;g IN: TH~~g.~~~ ~~~N THIS _DAY OF ~ 2002. AND ~S OULYRECQROED.<<.T RECEPT10N NO _ FtI:.CORDER BY lJl:YUIY SURVEYOR'S STATEMENT TIFY THAT Tl-!E$U~Y Of 1)-tE"SDUNDARY Of UNOER MY:Dm~Cl'''$lff'E~SlbN: '~[);':TOl'HE BEST E!:F:JN ACCORllAACE'w.tTH.AJ.,.L APPLlC'ABLE m.ON AS AMENDED, THE ACCOMPANYING PLAT DATE OF PREPARATION: REVISED: 5-24-02 9-4-02 PREPARED FOR; qENTEX HQl.<ES - ~Z~':~<.C,Q~~"'VE..12-00 G~rrNwaoo. vtlUGE.,_ COLQRAD,O' 60112 PMr\e: ~-'792-'9B1'0,--t~t. 123 P-REP AREDBr: PARAGON ENGINEE,RtNG CONSULTANTS, INC. !;>$75 s. ,s:rcAti!~E: 'SUITE 103 lITTlETON:'-coCORADO 'EIQ1-20 303-794-8504 OF 2 EXHIBIT B I CARAtS A f'ORTlON OF THE IE 1/4 OF ~m CrTY OF WHEAT ~ ~__~1___ FIELD STREET(50' NOR1HEASTCORNEft SE:C. 22. T35, Auw F"ND~ .3 1/4. BRASS ell IN RANGE BOX. STAMfIIIEO CITY OF 'NHEATRICGE lS 13212, 1~&4 r------ !- -, -----1' -----T FOVN~ NO. 4 RE;B"'R W/'1EU.OW PLA CA~;.TAWf:l€C LS 2!lQ4.J. SET O. 5 REBAR W!YELL.OW PL C CAP SlAMPEO lS ZfQ6e. I LOT 1 lOT 2 LOT .3 LOT ... I ~J i4~~ ,~ ;:; ..~ ~?; ~~ l~~ i ZONED NOR TH GREEN \ I DUPLEX ~ ,i - - I L-~5 I ZON[~ "PRO' I I ~ t ~~3~1 AREA 1~,524 SQ. FT ~~i2..!. 2.3766 "CRES .::;)1j 10' UTH..ITY 4: [)RAil I ~~. 1 CASE~NT --r:-t-- --- 24.00' 40.05' .. .a1' LOT 1 lrJ.5Z' F cOWER STREET (50' ROW) SOO""5~ _ -..!1.l}Z'_ 50' STREET RIGHT-QF-WAY HEREBY DEOlCATEO BY "THIS F>lAT AREA .....216 SQ n. OR 1.0151 ,,"CRE ~ 173.52.' ~ "i" .....II L-~ -,-- ~ ",,00 L.r Vl I \ 10' ~ I I.... UTJUTY AND : 7 DRAINAGE EASE~ENT ~ I-- -'I 2~ I ,~ WI' ~ B l!;_{.,ONEO 'PRO" ~_ _ _ _ _ ~ BL ~ L-41.j~ I~ l-79 yO;) II l_ ...J tlc/ r----c;",- - L:fj-- - ~...J ..,:/ ./ L.::91_ ___ _ _ I 1- ...}./ ...:;'\.'1 10' DRAIN~GE &: UTILITY ~ I ' 'A,",""NT (m') h I ,- / 11 I!I I I ~ I I_I ; L L-189~ 10' DRAINAGE L-45 .... ok UTIliTY 24' - - -,.,1 I Z ~ EASE~ENT (TYP) --, I ACCESS EASE~ENT il , _ _ _ _ --.i ,.L _ ~ L-47 -'I -l J ~~ '- LOT 1 I 21 o , o c , -< Cl W Z o N .;'\" ,L ,/;""'"_-:.. ___ / ~,,:rJ..\./"'.! /' ,((v~~' ~..."".. ~' ,~~ ........'..' . I 'r L-".11 II 0.-51.74 -~JO.do ~902'''4t''''E I L..,r,f24" I AREA '6.3,239 sa FT OR 3.7475 ACRES FOUND NO. I t I~ Ql: OR....I,..."GE EASfwENT \~~ ", [-- '--...L____ --- 30' NON-EXCLUSIVE ;r;1 - : L~:TY ~ ~CCE~~ r~:~I' _ _ _ L=-"-- L 5 _ 20' .DRAtN-AGE L - E,ol,SEMENT -L~- - ,-"'~I- - - -L-9J- ..J - I ~ I , I I ,. / 11J-~/ -.'/ SlO[itj~ EASElIiNT / AREA 14,394 SQ. FT OR 0.3304 ACRES ~a\il"5-1'56. R-25.oo' l-li.21' 405.00 POiNT s' SIDEWAlK EASEMENT GA POINT Of Cow,WENCEMENT NORT'-1 1/4 CORNER SEC. 22. T3S. 1l:69W FNO, 3 1/." BRASS CAP IN RANGE BOx. ST....MPEO CITY Of lIME" TRIDGE LS 13212, 195.4 ~ - - - - UTlUTY ANO DR,wr,jAGE" E..-SC:IolENT unuTY AND ACCESS EJd(.MENT ORAIN"'GE EASEWENT o FOUND NO. ... IfEBIoR W/'fEUDW PLASTIC CAP 5T AMPEO lS :no.J @ SET NO 5 RES,It,R WjYrLlOW i='LAsnc CAP 574WPfO LS 2"963. FNl. P1.ATFOR 90N VILLAGE . ' -, '-..> .--' ',.., ~~~si;.~p~ ~~"';g~;;r11.0W f"..ASTlC SET NO. 5 REBAR w/YEU.aw PLASilC CAP, SlAMPEO LS2495l3, 3H 22. TQIlUil~ ~~, ~6&WEST, 6TH PM. ~ ...., , _'eSH~. COLGRAoo ~ '~.Ift't) &n I.CAEs, 40 o 40 SCAU: -1~;';'40' 80 -------~------- ROW) \5 I I I I I J I I I I I I I I I! I I I I~ I I~ I L 'I I: " 0 0 ~ . -,- 1---- I I I LOT 5 LOT 5 LOT 7 LOT 8 R-2 i!.LLEY SUBDIVISION ;tSIDENTIAL _ ~~NAGE~UTlUTY~A~EI'!L - - T - -.S1l5'--1 j L-l4l DRAINAGE EASEMENT I I ~ ~Ig ,;; i; 0 Q' DRAINAGE &; UTILITY] I '" EASEMENT (T'1?) , _ _'lU'_ _J 0; l' 6" 100.00 g AREA 1Q.~O SQ. o 0.2290 ACRES o E-X1snNC -IiOME SHr ADDRESS: 9105 W. 45~ PL LOT 2 CiJ 17~~ \...l~II\"""1 4"E.1 ?g I ~) ..,.u <", ~...c BLOCK 1 o o '" ,K 2 LOT 2 ..I\REA 18,750 SQ. fT. OR Q.4~ AcRES EXISTING Ha.IE sm: DDRESS:<t68Q GoUltl:/SCJIH S"'fREET ~ . I I I I I I L 10 l~ ri:" DEDICATED BY ThlS PLAT "l~ f"OU~WtAA Wf'<W-OW~-- ---4:-- ~ :; C>> -ST~ lS 2904". SON STREET (60' flOW) ZONED R-Z CENTER 1/4 CORNER SEC. 22,' ~S, R69W fND: J 1/."'" BRASS' CAP IN RANGE BOX. STAMPED ClT1 CF~E,qRIDCE LS 13212, 19B6 FOUND NO. <I- REBAR W/mLOW PLASTIC C-'P. STAMPEDI.S 290<1-3. scr NO. 5 REBAR Wj'fELLOW PlASllC CAP STAMPED LS 249611. .----.---- ARCHITECT: CENTEX HOMES 9250 E. COSTILLA A VL, 1200 GREENWOOD V1L.lAGE, COLORAOO 60"2 Phone: JOJ-7g2-9B10 Ext 123 DATE OF PREPARATION: 5-24-02 REVISED: 9-25-02 PREPARED FOR: CENTEX HOMES !)25D E. COSnu.A AVE., "200 GREENWOOD \1l1.A.Gf;, COlORADO B0112 Phone: 303-792-9B10 Ed. 123 PREPARED BV. PARAGON ENGINEERING CONSULTANTS, INC 5575 S. SYCAMORE, SUIT( 103 UffiETON, COLORADO B0l20 303-794-8504 SHEET 2 OF 2 46th & GARRISON-STREET PROJECT Wheatridge, Colorado Date 12-9-02 ENGINEER'S ESTIMATE FOR COST OF PUBLIC IMPROVEMENTS Erosion Control Silt Fence 2,500 2,0 Straw Sales 20 25 Inlel Protection 6 350 Vehicle Tracking Pad 2 1,500 Seeding I Mulching 7,5 300 Erosion Control 8"PVC 1,290 21.00 6" PVC 130 14.00 San Manhole 10 1,200 4" Sanitary Services 64 600 Tiela Existing 2 1,500 Cleanouts 3 300 OffsiteWork/Tie-in 1 3,000 Sanitary Sewer 8" DIP 2,143 2000 6" DIP 468 1600 4" DIP 167 10.00 Rcdded Restraint Length 1.849 3.00 8x8x8Tee 5 350 8x8x6 Tee 9 325 6x6x6 Tee 3 300 8x8x4 Tee 1 325 22.5 Bend 4 250 8"GV 11 900 6"GV 13 650 4"GY 1 500 Fire Hydrant 8 2,300 3/4" Waler Service & Pit 64 600 8" Blind Flange 3 400 4" Blind Flange 1 200 8" to 6" Reducer 2 250 6" A.dapter Coupling 4 350 2" BlowoH 1 1,000 1" Irrigation Service & Pit 1 1,000 1 1/2" Irrigation SeNiee & Pit 1 1,200 Tiete Existing 2 1,500 OffisteWork 1 4,000 Water System 5' Type R Inlet 6 2,300 6" Trickle Channel 2' \Nidth 480 1200 18" RCP 755 43 15"RCP 90 40 12' RCP 40 37 Standard Storm Manhole 5 1,800 18' FES 5 700 15" FES 1 700 Outlet Structure 4 4,OCO Riprap Protection 3 1,000 Concrete U Channel - 4' 95 18 Sidewalk Chase 2 900 Connect to Exist 15" 1 650 OffsiteWorkfTie-in 1 3,000 Storm Drainage GarSt 5' Detach Walk LF 800 13 00 Gar St Handicap Ramps 2 1,200.00 Gar St. 6" VertCurb, 2' Pan LF 850 8.50 170Front: 6" VertCurb, 2' Pan LF 320 8,50 170Front: 4' Attached Walk IF 320 9,50 170Fronl: 6" Cross pan SF 1,200 5,00 46th' 6" VertCurb, 2' Pan LF 350 850 46th: Handicap Ramps 2 1,200,00 46th: 4' Attached Walk LF 350 950 46th: 6" Crosspan SF 1,200 5,00 Flower. 6" Vert, 2' Pan LF 1,600 8.50 Flower 6" Vert Med, l' Pan IF 240 750 Flower 4' Attached Walk LF 800 9,50 Flower: Ollveway Cut and Apron 10 600 00 CurtfSldewalklConcrete Sanitary Sewer Water System Storm DrainaQe CurblSidewa I k1Concrete Pavino Flower Street Subgrade Prep Aggregate Base Course Assusm( HBP (SY-in) - Assume 6" Section Adjust Val...es Adjust Manholes Mobilization Sterilize Subgrade Fly Ash (if required) Garrison St Sawcut LF Garrison St: Subgrade Prep SY Garrison St: Asphalt SY A.ssume T' Garrison 51: Relocate Power Pole 170 Front: Sawcut LF 170 Front: Subgrade Prep SY 170 Front: Asphalt SY Assume r 46111 PI' Sawcwt LF 46thPI: Subgrtade Prep SY 46thPI: Asphalt SY Assume 7" Item.. Remove Asphalt rsy) Traffic Control Paving Street Sians land Strioino\ SUBTOTAL 25% Contingency TOTAL ESTIMATE FOR PUBLIC IMPROVEMENTS 2,667 200 16,000 100 16,000 2,10 6 450.00 3 250.00 1 2,000,00 2,667 0,15 2,667 5,00 900 2,0 1,350 2,0 1,350 14,7 2 2.000 300 2,0 340 2,0 340 14,7 430 2,0 375 2,0 375 14.7 2,100 4.50 1 15,000 7500 EXHIBIT C 5,000 500 2,100 3,000 2,250 12,850 27,090 1,820 12,000 38,400 3,000 900 3,000 86,210 42,860 7488 1,670 5,547 1,750 2,925 900 325 1,000 9,900 8,450 500 18,400 38,400 1,200 200 500 1,400 1,000 1,000 1,200 3,000 4,000 153,615 lLr 13,800 5,760 32,465 3,600 1,480 9,000 3,500 700 16,000 3,000 1,710 1,800 650 3,000 96,465 10,400 2,400 7225 -2,720 3,040 6,000 2,975 2,400 3,325 6,000 13,600 1,800 7,600 6,000 75,485 5,333 16,000 33,600 2,700 750 2,000 400 13,335 1,800 2,700 19845 4,000 600 680 4,998 860 750 5,513 o 9,450 15,000 140,314 7,500 572,439 I 143,110 715,549 I - - - BANK=ONE - GLOBAL TRADE SERVICES MAIL CODE IL 1.0236 CHICAGO, ILLINOIS 60670.0236 U.S.A. Telex: ITT 4330253 FNBCUI Swift Address: FNBCUS44 TEL: (3121954-1969 FAX: (3121954-1963 DATE~ JANUARY 13, 2003 ~ ST~lN!)By' CF~EDIT MAIL THE CITY OF WHEATRIDGE n;jOO WEST 29TH AVENUE W~~AT RIDGE, CO 80215 J)I:~,""FTS DF~AWN NUST BE MAm:TD:: WITH OUF' REF NO: 003:2"7884 m~:NER'S m~FEJ~:NCE NO~ DENV'.~;278B4 GENTLEMEN :: BY THE OF~DEI,: OF:: EXHIBIT D CENTEX cm::F'. 2728 NORTH HARWOOD P"O. BOX 199000 ATTN~ COMPTROLU~R DAL.I_AS, TX 75219 \-1 IJJE HEF:EBY IBSUE IN YOUP Ft-,',}()J;' ClUI,: IRI,:E:VOC?-YE-:L.E CF:EDIT NO ~ OO~:;2'78B4 FOF' THE ('~CC()LJNT OF CENTEX C(JF{P.. FCm tiN A~10LJNT OF< t1~1()UNTS NOT TO EXCEED IN THE t-,GGF:EGFI'n;:~ US DOLLt-d~~B /':L~:;,,',54'j.'..O() (SE'..}EN HUNDf-;:ED FIFTEEN THOUSAND FIl,,!E HUNDF~ED FORrY NINE AND NO/lOO LJ~, D()LLt-,F:~)) AVF,IL.ABL.E By' YOl.Jr.;: Im{..)FTS t-,T SI(,HT ON Bt-,NI' ONE" N(~, EFFECTIVE ;ft-,NUt-,F<Y :t;~;,} 200'.> t-If"D EXPIP1NG (~,T DUE: OFFICE ON ,J~lNU'''IRY 9. 2004.. FUNDS UNDEF: THIS CI,:ED1 r (.~,RE A~N)n,ABLE t-,I.::;t-,IN~,;T YOUP DF:(.~,FT ~ :,l) MENTIONINu our,,: cm,:DIT NUNBEF~.. THE BELOl.lI--'MENTIONED DOCLWiENTS MUST BE PI':ESENTED AT SIGHT ON OR BEFm~E THE EXPHU DATE ON THI'::, INSfF::UMENT IN ~ICC(}F':or-INCE "JITH THE TEm'1S 1~IND CONDITIONb OF THIS LETTER OF CREDIT. BENEFICIARY'S NUTARIZED STATEMENT EXECUTED AND SIGNED BY THE WHEAT RIDGE, COLOF~DCl CITY ATTORNEY OR CITY MANAGER (SIGNED A~ ~iLJCI-I) I:;:E(.\D INU {..)S FOL.LOWS:: "IN ACCOF:DANCE WITH THE DEVELOPMENT KNOWN t-,S G(~,F<F'I':>m,! VILL.t-.!,iE.} WE CERTIFY THAT THE DEVEL.UPER HAS CEASED WOR~ AS REQUIRED BY THE SUBDIVISION IMPI:;'()'.}EMENT Al:iF~EEMENT AND THAT WOI':~ SPECIFIED UNDER TI-"~T AGHED<iENT F:ENAINS INCOMPL.ETE ('iND UNFINI~)HED, ,",ND WE FUF:TI"IEI,:CERrIFY TH~d' CENTE:X HOi'<lES Ht-,S BEEN NOTIFIED OF DUE' INTENT TO ImAlt! UNDEF~ THI~, L.ETTEF~ OF Cf::EDIT.." t-,ND BENEFICIARY S SIGNED STATEMENT STATIN~~ "\1lE {.mE f-,TT(.~CHINr:j AN rn::t<1IZ,qn:ON OF {'~CTU,qL. CEVf"IFIED COST FOF~ UNFINISHED ITE~i~; SPEL IFI1:.D IN THE SUBDI'J1SION IMPI~:OVEMENT (l(jF~EENENT,) \1JHICH DOCLJNENTT INCL.IJI)E~, SUCH ,~, pl.mpOFnED L.. 1ST I Nl..... " THE CI:::EDIT IS SUB,TECT TO THE UNIFomtj CUSTDt<iS t-,ND PF:t-,CTICE FOP DnCLJNENTARt cREDITS (1993 REVISION). INTERNATIONAL.. ~~AMBER CW (CONTINUED) F'N~E :L ORIGINAL ...---' - - - BANK=ONE - GLOBAL TRADE SERVICES MAIL CODE IL 1-0236 CHICAGO, ILLINOIS 60670-0236 U.S.A. Telex: ITT 4330253 FNBCUI Swift Address: FNBCUS44 D.if"e l31~tff<f~M~ 13. 20(f~: (312] 954-1963 OUF~ REFERENCE:: 00327ml4 COMMERCE - PUBLICATION 500. EXHIBIT D WE ENG.~IJ.jE I;JITH YOU THAT DF:,'W'TS DRt.wN UNDEI::': ~.ND IN CONFOI'-:MITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONCmED ON ~::':E~~NTATION IF PRESEN1ED ON ~::.: BEFORE THE EXPIRY DATE. THE ORIGINAL LETTER OF CREDIT MUST (-\CCOMF'ANY THE DOCUMENTS 1:~EG1UH;:ED UNDEF~ THIS Cm,:DIT. PLl:.(~SE F,DDF:ESE, F.L1... CDF:F:ESPDNDENCE I::':E:l:.il~.I;:DINl:j THIE; LETTEP OF CF:EDIT TO DiE ATTENTION OF OUR LETTER OF CREDIT UNIT, lRADE SERVICE GROlW. MENTIONING OUF~ F:EFERENCE NUMBG:: AS IT APPEAI::':S ABOVE.. i~ P'~IGE 2 ORIGINAL