HomeMy WebLinkAbout1.0 Application47gOZg 8-943 P-L25 06/06/95 1O:39A PCi 1 OF 2 REC
!{IJM. AISIII+E GABEIE[D 6I,JNTY CLERK A}'ID RECOHDER
ACKNOWLEDGEMENT OF SATISFACTTON
m I.XIT
SUBDTVTSION IMPROYEMENTS AGREBMEI{T
KNOW ALL MEN BY THESE PRESENT thAt:
WHEREAS, FALMOUTH, INC (also known as "suMivi&.."), entered into a
SuMivision Improvements Agreeinent with the Board of County Commissioners of Garlreld
County, Colorado (hereinafter "Board") datd April 4th, 1995 recorded in Book 937, at Page
3l4ofthe Garfield County records fortheimprovements ofthe ELDERAMENDEDPLAT
(RANCH AT ROARING FORK, PHASE IY, FILING #3); and
WHEREAS, the obligations of the suMividers have been satisfied, as verif,red in a
statement from Dean Gordon, P.E. (Schmueser Gordon Meyer) dated June 2ud, 1995.
NOW THEREFORE, at the request of the subdividers and in consideration of the
premises and prior agreements, the Board hereby acknowledges the satisfaction of the
Subdivision Improveme,nts Agreement entered into by the subdividers and the Board for the
Elder Amended Plat Subdivision, and releases the letter or credit from Alpine Bank in
Carbondale, Colorado in the amount of $62,400.
By:
Chairman
STATE OF COLORADO )
)ss
)COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this SL d^V ot
lg ?{ , by Marian Smith, as Chairman of the Board of County
of GarfieH Cilunty, Coloradil
WITNESS my harid and olfrcial seal.
My commission expires / -/2-rl
County Clerk
-r/
(303) 945-1004
FAX (303) 945-5948
ETVG/IVEEFS
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oenvEtudr
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scHttuEsER
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GORDON MEYER
118 West 6th, Suite 200
, co 81601
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&lAY a 6 tW,
May 23, 1995
i*vr IELD CCf.t.ffy
Mr. Dave Michaelson
Garfield County planning Department
Suite 303
901 Eighth Street
Glenwood Springs, CO 81601
RE: Elder Subdivision
Dear Dave:
This is a letter of completion for the Elder Subdivision. sewer and water were completed toplans and specifications accepted in Garfield County. These plans were a part of the platdocuments for Elder subdivision. our firm provided survey and construction supervision forthe utility installation.
other utilities installed were electric, telephone and natural gas, which were installed by theprovider or the contractor to the specifications of the utility.
Sincerely,
SCHMUESER GORDON MEYER, INC.
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Dean W , P.E.
Preside
DWG:lec/92149803
cc: Fred Crowley
Tom Dougherty, 22O E. Mulberry, Ft. Collins, CO }OSZ4
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t7ti658 ts-937 P-31.1 O+/LS/95 12:44p I{} r OF 1t
MTI DRED ,I]-SDORF GARFIEI.D COL,'lvlf CLEJTK A\D TTECORDFJI
ITEC IrcC' NOT
60. oo
AMENDED STIBDIVISION IMPROVEMENTS AGREEMENT
THIS
+L
AGREEMEIII is made and ent,ered int.o this /3' - a"V of
, t9g[ between Falmout.h, Inc, it.s successors or assigns,Dpe;t
46"1*""th" or rrOwnerrr) and Lhe BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, ("BOCC" or "COUNTY") for purposes of
amending the Subdivision Improvements Agreement dated September 25,
L978, by and between t.he BOCC and Kassco Realty Corporation, John
B. EIder's predecessor in interest.
WITNESSETEi
WHEREAS, Falmout.h recenEly acquired ownership, from John B.
Elder, of the fol]owing described real property located in Garfield
CounEy, Col-orado:
LOTS 47-63, as depicEed on the plat
of the Ranch at Roaring Fork, Phase
IV, Filing No. Three, recorded
February 27, L979, as Reception
Number 29231,4.
(the "ProperLy" )
WHEREAS, Falmouth desires to develop the Property by amending
the Final Plat. of the Ranch at Roaring Fork, Phase IV, Filing No.
Three, recorded February 27, L9'79, as RecepEion Number 2923t4 and
thereby reconfiguring the previously platted Iots 47-63 into ten
lots numbered 1- 1,0 and Tract A (hereinaf t.er ref erred to as the
"Lots'r or individually as rrl,ottr) as more particularly described on
the Elder Amended Plat (a copy of which is aLtached hereto as
Exhibit 4) -
WHEREAS, a portion of the Property has been cl-assified as
wetlands under provisions of the Clean Water Act of L978. The
U.S. Army Corps of Engineers has issued a verification lett.er dated
November 8, 1994, (a copy of which is attached hereto as Exhibit 1)
confirming the accuracy of the wet1and del-ineation on the Elder
Amended PIat.
1
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,,
{76658 8-937 P-315 O4/.t3/95 12:4-1I,tG 2 OF il
WHEREAS, ofl December 2a, t992, Ehe BOCC issued Resolution
Number 92-1O9, a Special- Use Permit conditionally authorizlng ,John
B. El-der to utilize fiIl and compensatory measures within the
regulated flood plain for purposes of creating buitding sites for
residential single family homes on the Property.
WHEREAS, as a condition of approval of the Elder Amended Plat
and as required by the laws of the SEate of Colorado, Falmouth
wishes to ent.er into this Amended Subdivision Tmprovements
Agreement with the County, and
WHEREAS, the County has reguired and Falmouth has agreed to
provide security or collateral sufficient in t.he judgment of Lhe
County Eo make reasonable provision for completion of cerEain
public improvements required to be installed in the Subdivision as
set forth herein.
WHEREAS, Falmout.h has agreed to execute and deliver a fetter
of crediE Eo the Count.y to secure and guarantee its performance of
this Agreement and has agreed to certain restrictions regarding the
issuance of building permits and certificates of occupancy within
the Subdivision, aLI as more fully set forth hereinafter.
NOW, TiIEREFORE,
THE FOI,LOWING MIJ:TUAI,
AGREE AS FOLLOWS:
FOR AIitD IN CONSIDERATION OF THE PREMISES AI{D
COVENAI.ITS AI.ID AGREEMENTS, THE PARTIES HEREBY
1. OWNERI S PERFORMANCE. Owner has
install-ed, or will cause to be const.ructed and
sole expense t.he following improvements:
a
constructed
instal-Ied aE
and
his
Owner shall build and consErucE roads according to
Garfield County (hereinafEer referred Eo as
"County") specifications. Said roads shall have
culvert.s and ditches as necessary to allow proper
drainage.
b Owner shall install sanitary sewer mains
facilities to serve the IoEs in accordance
County standards.
and
with
z
476658 8-937 P-316 01/13/95 r2:44p IG 3 0F 11
Owner shall- insta]l- a water distribution
consisting of water mains providingt service
f ront Iot line of each l-ot.
c
d
system
to t.he
Owner shaIl install underground electrical service
providing service to the front lot line of each lot
per agreement between Owner and Holy Cross Electric
Company.
Owner shaII install a naturaL gas distribution
sysLem and provide service to the front lot line of
each lot.
f
g
Owner shall
lot line of
provide telephone service to the front
each lot..
shall provide cabl-e television serwice to the
lot line of each l-ot.
Owner
front
The improvements required herein shall be complet.ed on or
before January 1-, 1995 in compliance wj-th the following:
A. A11 plat documents submitted prior Eo or aE the time
of the Elder Amended PIaE approval which are incorporated herein
by this reference and made a part of this Agreement.. AII
improvements set forth above will be consEructed in accordance with
said plat documents.
B. Al-1 requirements of t.he Garf ield CounEy Zoning Code
and the Garfield Count.y Subdivision Regufations.
C. AI1 laws of the United States,
Colorado, the CounEy of Garfield and its various
affected special districts.
the State
agencies
of
and
D. Such other designs, maps, specifications,
and other materials submitted Eo and approved by any of
stated governmental districts.
sketches
the above
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176658 8-937 Ir-317 04/ LJ/9S 12 r 44t, [C ,{ OF t r
The County agrees Lhat if all improvements are installed in
accordance with t.he terms of t.his Agreement,, the Planned unit
Dewelopment Approval, the Preliminary PIan Approval, the Special
Use Permit Approval, the El-der Amended PIat documents, and all
oEher requirements of this Agreement, then the Owner shall be
deemed to have satisfj-ed al-I terms and conditions of zoning,
subdivision, resoluLions and regulations of Garfield County.
2. SECURITY FOR IMPROVEMENTS. On or before the date of uhe
recording of Ehe Final Plat with the C1erk and Recorder, Fafmouth
shall deliver a letter of credit which is acceptable t.o the County
in the amount. of the improvemenLs for the subdivision or
improvements Ehat have noL yet been completed. Those improvements,
together with the cost as certified by a licensed engineer are
attached hereto as Exhibit 3. The letter of credit shall be issued
by a state or national banking institution in a form acceptable Eo
Ehe CounEy, and from an institution that is ficensed Eo do business
in the State of Colorado. CerLificat.ion of compleEion of
j-mprovements must be submitt.ed by a licensed or registered
engineer. Such certification sha1l certify that the improvemenLs
have been constructed in accordance with the requirements of this
Agreement, incJ-uding all Final Pl-ats, and p1ans, and shall- be
stamped by said professional engineer.
The letter of crediE set forth herein must be valid for a
minimum of six (6) weeks beyond t.he compleEion date for
improvemenEs set forth herein. Any extension of Lhe time periods
within which improvements musE be completed shall cause the line of
credit required herein Eo be extended for an equal amount of time.
If the County deEermines that the improvements are not constructed
in compliance with the relevant specifications, it sha1l furnish a
lett.er of pot.ential deficiencies to the Owner within f ifteen (15)
days from the dat.e the County receives certification from the Owner
thaE aII improvements as set forth on Exhibit 2 have been
compleE.ed. If that fetter is not furnished within fifteen (15)
days, aII improvements shall be deemed accepted and the County
shall- release Ehe appropriate amount of securiEy as such relaEes to
che completed improvements. If a Letter of potential deficiencies
is furnished by t.he County, the County shall have thirty (30) days
Eo complete its investigation and provide writ.ten confirmation of
the deficiencies to t.he Owner. If, upon further investigation, the
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476658 8-937 P-3tB 04/LJ/9S 12:44p pG 5 OF tr
county finds chat all improvements are acceptabre, then appropriate
security shall be reLeased to the owner within ten (10) days after
completion of such investigation. rn the event that such
improvemenLs are not accepted by the county, the Bocc shalL makewritten findings before requesting payment on Ehe letter of crediE.
The counLy may, at its option, permit the owner Lo substitute
other collateral acceptable to the county for Ehe coffaEerar
originally given by the owner t.o secure the compretion of the
improvements as hereinabove provided.
No Final Prat shall be recorded pursuant to this Agreement
until a letter of credit in a form accept.able to the County is
received by the County and all fees set forth in paragraph 5 are
paid.
3. WATER. Prior to recordat,ion of Ehe Elder Amended plat,
the water system improvements, consisEing of arr easemenEs
necessary for t.he install-ation of that system, shall be dedicated
Eo the Ranch at Roaring Fork Homeowners Association, Inc.
4. INDEMNITY. To the extent allowed by Iaw, Owner agrees
to indemnify and hol-d t.he County harml-ess and defend Ehe County
from al-I claims which may arise as a result of owner's installation
of the improvements pursuanL to this Agreement, provided, however,
Owner does not indemnify Ehe County for cl-aims mad.e asserting thaL
the standards imposed by the County on owner are improper or t.he
cause of the injury asserted.
The County shall be required Eo notify the Owner of receipt of
a noEice of claim or a notice of intent Eo sue and shall- afford
Owner the option of defending any such claim or action. Failure to
notify and provide such option to owner shal1 extinguish the
County's right. under this paragraph. NoEhing hereinstated shall be
interpreEed to require owner to indemnify the county from claims
which may arise from the negligent acLs or omissions of the County
or its employees.
5. scHool. TMPACT FEES. owner sharl be obl-igated Eo pay Two
Hundred Dollars (9200.00) per 1ot. for school impact. fees. Owner
shall tender Two Hundred Do]lars (g20o.oo) to the county for alr
Iots within the subdivision at the time of recording of the Final
Plat.
5
'176658 B-9S7 p-319 O4/13/gS 12:44I, trG 6 OF 11
6 . SALE OF LOTS. No lor within r.hethat is t.he subject of this Agreement shal1the recording of the Final plat.
proposed subdivision
be conveyed prior to
t.
the Fina]
Agreement.
APPROVA], OF FTNAL PI,AT.PIat subj ect ro t.he
The County agrees Eo approval ofterms and condiLions of Lhis
8' ENF.RCEMENT. rn addition .o any righcs which may beprovided by col0rado statute, it is mutualry agreed that the CounEyor any purchaser of a rot wiEhin the subdivision shaLr have theauthority to bring an action in t.he Dist.rict Court of Garfieldcounty, colorado to compel enforcement of this Agreement. rn theevenE no action is commenced before issuance of the finalcertificat'e of completion of improvements and acceptance thereof bythe County, any purchaser's rights to commence an action shalIthereafter be extinguished.
9. CONSENT To VACATE PLAT. rn the event, the owner faifsto comply with the terms of this Agreement, the county sharr havethe abiliuy to vacate the plat as it pertai-ns t,o lots for which nobuilding permiEs have been issued. Any existing rot,s for whichbuilding permits have been issued. shalr not be vacat-ed and the pratas Eo those lots shall remain varid. The owner shalt provide asurvey and complete regar description with a map showing thelocation of portions of the plat so vacated.
10. BTNDTNG EFFECT. This Agreement shar-r be a covenanrrunning with the title to each 1ot within the subdivision and therights and obLigations as contained herein shal] be binding uponand i-nure to the benef it of t.he owner, his successors and assigns.
1l- . RECORDING. Upon
Agreement with the office ofCounty, Colorado.
execut.ion, Owner shall record Ehisthe C1erk and Recorder for Garfield
,-2' VENUE AND ,JURrsDrcrroN. Venue and jurisdict.ion
,cause arising out of or related to this Agreement shalr lieDistrict Court for Garfierd County and be construed. pursuantl-aws of the State of Colorado.
for any
in the
Eo the
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476658 8-937 p-320 04/Li,/gS t2:4.1p pG 7 OF 1r
l-3. RoADS. Roads wit.hin rhe subd.ivision sharl be dedicatedto the Ranch at. Roaring Fork Homeowners AssociaEion, rnc. Thecounty shal1 not be obligaEed to maint.ain such roads. TheHomeowners Association shall bear the sofe responsibiliLy for themaint.enance, upkeep, repair, restoraLion, snow removal andreconstruction of all road.s within the subdivision.
ATTEST:Falmouth, Inc
Sec
ATTEST:BOARD OF COI]NTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By
.rt t-
By,/fu !-to-?.{erk to.the Elmer "Buckey,' Arbaney,
Chairman
7