HomeMy WebLinkAbout1.0 SIA & Utility AgreementVALLEY IMPROVEMENT & DEVELOPMENT CORP.
POST OFFICE BOX 248
SILT, COLORADO 81652
TELEPHONE (303) 876-2437
April 13, 1977
Mr. Robert A. Witkowski, Director
Garfield County Planning Department
Glenwood Springs, CO 81601
Dear Mr. Witkowski:
ig77
Many thanks for the enclosed draft of the Subdivision Improvements
Agreement for the Mineota Ridge Estates Subdivision.
1 think it is concise and to the point. You will find this agree-
ment signed by me and attested by our Assistant Secretary and
Treasurer, Mr. Robert T. Bonifield.
Sincerely,
VALLEY IMPROVEMENT & DEVELOPMENT CORP.
R. M. Dixon
RMD/chl
P.S. We felt that the draft could serve as the contract, hence
our signatures. If this is agreeable to the Commissioners,
you might just return a copy to us signed by them.
-q1
DALLAS OFFICE: COTTON EXCHANGE BUILDING - TELEPHONE (214) 748-4501
DALLAS, TEXAS 75201 - TELEX 730395
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X77
SUBDIVISION IMPROVEMENTS AGREEMENT
Mineota Ridge Estates Subdivision
Filings Nos. 1, 2, & 3
Bouf, 5O0 PAGE 46
THIS AGREEMENT, made this 8th day of August, A.D. 1977, by and between the
County of Garfield, Colorado, acting by and through its Board of County Commis-
sioners, (hereinafter "County"), and VALLEY IMPROVEMENT & DEVELOPMENT CORP.,
(hereinafter "Developer");
WITNESSETH:
WHEREAS, the Developer is in the process of developing a subdivision under
the name and style of Mineota Ridge Estates (hereinafter "the subdivision"),
Filings 1, 2, and 3, near the Town of Silt, in Garfield County, Colorado;
WHEREAS, the Developer intends to install certain utilities in the Sub-
division for the use and benefit of the owners and residents, namely, electric
service, roads, and domestic water service to places to be designated by the
Developer;
WHEREAS, the County, pursuant to its powers has adopted a subdivision reso-
lution controlling and regulating the development of lands in Garfield County,
Colorado, and has imposed certain requirements and standards with respect to
such developments;
WHEREAS, a Subdivision Improvements Agreement was reached between the County
and the Developer in September, 1972 which Agreement is superceded by this pre-
sent Agreement;
NOW, THEREFORE, for and in consideration of the promises and agreements herein
contained, the Developer and the County hereby agree as follows:
1. Required Improvements.
(a) Electric service must be installed to render electric
service available to each lot, per Agreement between
The Developer and Holy Cross Electric Company.
(b) A water distribution system must be installed consisting
of a 55,000 gallon storage tank, the terminus, and all
appurtanent and related facilities at the ',cell -head
source to such terminus, and water lines to each lot
so as to provide domestic water service to each lot.
5O0 FACE 47
(c) Roads within the subdivision providing access to each
lot in the subdivision consisting of an all-weather
gravel base.
2. Completion of Improvements. The Developer agrees to complete all
public improvements as set forth in Paragraph 1 hereinabove. Such improvements
shall be completed by the Developer on or before December 31, 1979.
3. Projected Costs. The parties hereto acknowledge and agree that the
expected costs of the required improvements set forth in Paragraph 1 herein-
above are as follows:
Filing I - 270 Acres
$ 55,000 Road Construction and Water Line Installation
12,000 6,131 Ft. of Water Line
28,700 Electrical Service
$ 95,700 TOTAL
Filing II - 287 Acres
$ 60,000 Road Construction and Water Line Installation
21,366 10,683 Ft. of Water Line
40,900 Electrical Service
$ 122,266 TOTAL
Filing III - 112 Acres
$ 40,000 Road Construction and Water Line Installation
12,000 5,900 Ft. of Water Line
16,000 Electrical Service
$ 68,000 TOTAL
4. Collateral. The Developer shall secure its performance of this Agree-
ment with lands equivalent in value to the sum of $100,000, and payment of said
sum shall be evidenced and secured by a Deed of Trust to the Public Trustee of
Garfield County, Colorado, naming the County as beneficiary, and securing the
SW1/4 SE1/4 of Section 13, Township 6 South, Range 92 West, 6th P.M. which lands
are presently owned by the Developer. Said security shall be deemed to shift
from filing to filing of the improvements installation in accordance with the
Agreement and ultimately be released upon satisfactory installation of the final
phase or phases of utility installation as a foresaid.
5. Phasing of Improvements. The Developer intends to complete the required
public improvements on a filing basis with Filing I being completed first, and
the second and third filings each being completed separately subsequent to the
completion of Filing I.
t
• 1
5M500 PAGE 48
The developer covenants and agrees not to sell, transfer, exchange, or offer for
sale any of the lots in Filings 2 and 3 until such time as the developers obli-
gations hereunder have been performed. When the required public improvements
are completed in the respective filing, then lot sales can commence.
6. Entire Agreement. This Agreement sets forth in the entire Agreement
between the parties hereto. No change in, addition to, or waiver of any of the
provisions hereto shall be valid unless in writing, signed by each party or an
authorized representative of such party. Any attempted oral mutual rescission
of the Agreement shall be null and void and of no force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
VALLEY IMPROVEMENT & DEVELOPMENT CORP.
By
r ('•
Roger M. Dixon, President
STATE OF TEXAS )
County of Dallas)
"Before me, the undersigned, a Notary Public in and for said County and
State, on this day personally appeared ,
known to me to be the person and officer whose name is subscribed to the fore-
going instrument and acknowledged to me that the same was the act of the said
Valley Improvement & Development Corp. a corporation, and that he executed the
same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the day of
, A.D. 1977.
Ie
Notary Public
p,RTHUR H. PARHAM, Notary Public
in and for Dallas County, Texas
iiy commision expires Jan. 31,!_:;_
Approved:
1
/,��7J q
Chairman Ricard C. Jolley/
•
The developer covenants and agrees not to sell, transfer, exchange, or offer for
sale any of the lots in Filings 2 and 3 with the exceptions of Lots #8 and #9 in
Filing 3 until such time as the developers obligations hereunder have been performed.
When the required public improvements are completed in the respective filing, then
lot sales can commence.
6. Entire Agreement. This Agreement sets forth in the entire Agreement
between the parties hereto. No change in, addition to, or waiver of any of the
provisions hereto shall be valid unless in writing, signed by each party or an
authorized representative of such party. Any attempted oral mutual rescission
of the Agreement shall be null and void and of no force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Anreempnt as of
the day and year first written above.
VALLEY IMPROVEMENT & DEVELOPMENT CORP.
By -1-ZLF / L!-
Roger M. Dixon, President
STATE OF TEXAS )
County of Dallas)
"Before me, the undersigned, a Notary Public in and for said County and
State, on this day personally appeared /77 7,>r,o�
known to me to be the person and officer whose name is subscribed to the fore-
going instrument and acknowledged to me that the same was the act of the said
Valley Improvement & Development Corp. a corporation, and that he executed the
same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the 9T day of /a/6asi
, A.D. 1977.
ARTHUR H. P�ARHy Public
AM, Notary Public
in and for Dallas County, Texas
my commision expires Jan. 31, /5 7,?
Approved:
Chairman Richard C. Jolley
• 1
The developer covenants and agrees not to sell, transfer, exchange, or offer for
sale any of the lots in Filings 2 and 3 with the exceptions of Lots 18 and #9 in
Filing 3 until such time as the developers obligations hereunder have been performed.
When the required public improvements are completed in the respective filing, then
lot sales can commence.
6. Entire Agreement. This Agreement sets forth in the entire Agreement
between the parties hereto. No change in, addition to, or waiver of any of the
provisions hereto shall be valid unless in writing, signed by each party or an
authorized representative of such party. Any attempted oral mutual rescission
of the Agreement shall be null and void and of no force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
By
STATE OF TEXAS )
VALLEY IMPROVEMENT & DEVELOPMENT CORP.
Roger M. Dixon, President
County of Dallas)
"Before me, the undersigned, a Notary Public in and for said County and
State, on this day personally appeared
known to me to be the person and officer whose name is subscribed to the fore-
going instrument and acknowledged to me that the same was the act of the said
Valley Improvement & Development Corp. a corporation, and that he executed the
same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the _= day of
, A.D. 1977.
ARTHUR H. PARHA'M, Nbc
ottaly public
In and for Dallas County, Texas
my commision expires Jan. 31,
Approved:
Chairman Richard C. Jolley
-3-
•
/NC.
1301 GRAND AVE., GLENWOOD SPRINGS, COLORADO 81 601
March 14, 1977
Mr. Roger Dixon
c/o Scarrow & Walker
P.O. Box 460
Glenwood Springs, CO. 81601
REF: Mineota Ridge Estates
Dear Mr. Dixon:
The following is a re-evaluation of our present construction agreement and an
estimate of the cost fo complete the primary power system at Mineota Ridge Estates.
As you know, the first phase of construction was funded through a contribution in aid
of construction, and a minimum monthly electric usage agreement The required monthly
usage was determined as a function of the cost of an equivalent overhead power system
with a guaranteed usage of one percent per month of this credit for a period of five
years.
Due to higher construction prices and escalated power costs, we now require an invest-
ment ratio of 2-1/2 percent per month for a period of ten years on all new agreements.
As a result of this increase, your present load growth pattern and the high anticipated
cost of completing Mineota Ridge, we feel it would be punative to try and bind you to
any further monthly usage agreements. Instead, any new contractual arrangements will
fall within the purview of our "Indeterminate" line extension policy.
Through this agreement, you as the developer, will make a non-refundable contribution
in aid of construction equal to the estimated difference in cost between the underground
and equivalent overhead system, and make a construction deposit in the amount of the
estimated overhead system. Thereafter, for a period of ten (10) years, you will be
refunded twenty percent of the revenues derived from this system, or until the entire
deposit is returned. The abatement of this refund shall be superceded by any new
agreement for an additional line extension, since their usage must satisfy their
requirements first.
In our present agreement, a provision exists for the installation of transformers to
serve fifteen lots in the first filing. We feel that retention of these transformers
will prove very costly to you and difficult to manage on our part, since the final
accounting cannot be realized until the development is completed. Due to the large
acreage of these lots, it seems unlikely that many lot owners would build within
300 feet (the reasonable secondary reach) of the transformers. Since many buildings
Mr. Roger Dixon
Mineota Ridge Estates
March 14, 1977
Page Two
•
• •
will require a primary line extension to reach their site, it would seem reasonable
to leave the line extension and transformer cost to the builder as a normal cost of
construction, much the same as the other utility costs.
The following estimate represents the cost of a complete primary distribution system
including transformers, vaults, and a primary loop to the center of each lot.
Filing No. 1
Cable, transformers, etc. $ 29,782.00
Trenching, cable installation 10,680.00
Sub -Total 40,462.00
Filing No. 2
Cable, transformers, etc.
Trenching, cable installation
Sub -Total
Filing No. 3
Cable, transformers, etc.
Trenching, cable installation
Sub -Total
68,708.00
23,220.00
91,928.00
25,886.00
8,559.00
34,445.00
TOTAL $ 166,835.00
As you can see, even with your contractor installing the cable, your payment would be
$124,376.00. Through our Indeterminate Line Extension Policy, you would be entitled
to a maximum refund of $59,420.00, based on our investment in an equivalent overhead
system.
On the other hand, if you were to install a skeleton system, comprised of a primary
distribution cable located adjacent to each of the lots throughout the three filings,
the cost would be as follows:
Filing No. 1
Cable and ancillary elements $ 9,958.00
Trenching and cable installation 10,680.00
Sub -Total 28,687.00 (*)
Filing No. 2
Cable and ancillary elements
Trenching and cable installation
Sub -Total
17,669.00
23,220.00
40,889.00
(*) included in this amount is a credit reversal to change the agreement for the
first filing to the Indeterminate policy and terminate any further monthly payments.
•
Mr. Roger Dixon
Mineota Ridge Estates
March 14, 1977
Page Three
Filing No. 3
Cable and ancillary elements
Trenching and cable installation
Sub -Total
$ 7,369.00
8,559.00
15,928.00
The total cost of this system would be $85,504.00, and with your agent installing the
cable, the net cost would be $43,045.00. In addition, you would be eligible for a
refund of $32,250.00, based on a return of twenty percent of the revenues derived from
•the system in excess of any usage agreements contracted by the individual builders.
The approximate cost to the lot owners would be $1,500, plus $4.00 per foot of trench.
I hope these figures will illustrate the savings which can be realized on your part as
well as the construction management headaches which can be alleviated on our part by
the installation of a skeleton electrical system at this time.
If you have any questions or comments, or need any additional information, please
contact us.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
Patrick Dobie
Engineering Dept.
PD/k
cc: File:Mineota Ridge Estates;
job#77-6917:cons#07-14-
POST 01;21C11 BOX 3231
ASPEN, COLORADO 81611
11/ 1
1V x:a i LV.ti:.: 1T
FILING #1
PRICES SUBJECT TO CHANGE WITHOUT NOTICE
LOT APPROX. TOTAL 20% DOWN
ACRES PRICE PAYMENT
(303)
60 MONTHLY PAYMENTS
WITHOUT TAXES
1 10.03 $18,000 $3600.00 $292.03
10.24 $15,000 $3000.00 $243.36
10.26 $15,000 $3000.00 $243.36
10.70 $15,000 $3000.00 $243.36
16.03 $24,000 $4800.00 $389.38
6 15.25 $24,000 $4800.00 $389.38
7 15.72 $30,000 $6000.00 $486.72
8 11.51 SOLD
9 18.60 $30,000 $6000.00 $486.72
10 12.98 $18,000 $3600.00 $292.03
11 21.69 $34,000 $6800.00 $551.61
12 14.11 $22,000 $4400.00 $356.93
13 18.46 $25,000 $5000.00 $405.60
14 11.47 $23,000 $4600.00 $373.15
15 12.89 $26,000 $5200.00 $421.82
16 14.17 SOLD
17 21.54 $65,000 $13,000.00 $1054.56
18 12.76 $23,000 $4600.00 $373.15
19 12.45 $18,000 $3600.00 $292.03
A) A 10% discount for cash will be given.
B) The smaller of any additional lots will be discounted 10%
C) Monthly payments are based on 60 -month pay-off @8% interest without property taxes
D) Average lot size this filing: 14.26 acres
E) Total acreage this filing: 270.86 acres
F) Total Green Belt Filings #1,2, and 3: 71.00 acres
C) Total common area Filings #1, 2 and 3: 10.50 acres
H) An additional 10% discount will be given for building within one year from closing
I): With a down payment of 30% the interest rate will be reduced to 71/2% per annum; and
with a down payment of 50% the interest rate will be reduced to 7% per annum
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,,-,.,....",43,� ,}}��. C.
;1301 GRAND AVE., GLENWOOD SPRINGS, COLORADO 81601
, :,,:c;.- ,,-.'.a .y �, -`��-�✓. vsa'-is`� _, 4. y�' .. r�a_ -40+1,ci�'rv.
Mr. Robert Witkowski
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO. 81601
REF: Mineota Ridge Estates
Underground Electric Service
December 27, 1976
t Nt+Yd`00O,ia
ire 9L L6 8 ' 030
1�tr� 6r1eE.'a
Dear Mr. Witkowski:
The following is an up -date on the power line installation at Mineota Ridge Estates.
Filing Number 1
Primary power is available to Lots 1 through 8 and Lots 15 through 19. Due to the
size of these lots and the indeterminate building locations, not all vaults and
transformers are set at this time. Holy Cross Electric has agreed to set the vaults
and transformers on the presently existing cable at no additional cost to the
developer or lot owner. In case the building site is too far away from the existing
lines, arrangements will be made with the lot owner to extend the primary cable
into his lot.
Additional construction is needed to extend power lines to Lots 9 through 14.
This first phase of construction is presently 65% completed. (Percentage is a
function of linear feet of conductor.)
Filing Number 2
A primary cable has been installed through the First Filing to serve Filing #2.
This second phase is now 6% completed although power is not available to any of
the lots. (Percentage is a function of linear feet of conductor.)
Filing Number 3
A primary cable has been installed through the First Filing to serve Filing #3.
This third phase is now 50% completed although power is not available to any of
the lots. (Percentage is a function of linear feet of conductor.)
• 1
Mr. Robert Witkowski
Garfield County Planning Dept.
REF: Mineota Ridge Estates
December 27, 1976
Page Two
All told, the subdivision's power system is about 40% complete. However, Holy
Cross Electric Association will need a contractual agreement with the developer
to finish the First Filing before any further construction can begin.
If you need any additional information, I'd be glad to help.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
Patrick Dobie
Engineering Dept.
PD/ k
cc: File:Mineota Ridge Estates:Job#76-6917:Cons#07-14-
cc: File:Garfield County P&Z
•
UTILITY DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
September, 1972, by and between VALLEY IMPROVEMENT & DEVELOPMENT CORP.,
a Nevada corporation qualified and doing business in the State of Colorado
(hereinafter referred to as the "Developer"), and THE BOARD OF COUNTY COM-
MISSIONERS of the County of Garfield, State of Colorado (hereinafter re-
ferred to as the "County"),
W ITNESSET H:
WHEREAS, the Developer is in the process of developing a sub-
division under the name and style of MINEOTA RIDGE ESTATES (hereinafter
referred to as "the subdivision"), Filings Nos. 1, 2 and 3, near the Town
of Silt, in the County of Garfield, State of Colorado;
WHEREAS, the Developer intends to install certain utilities in
the subdivision for the use and benefit of the owners and residents, namely,
electric service, roads, and domestic water service to places to be desig-
nated by the Developer;
WHEREAS, the County pursuant to its powers has adopted a sub-
division resolution controlling and regulating the development of lands in
Garfield County, Colorado, and has imposed certain requirements and standards
with respect to such developments;
NOW, THEREFORE, for and in consideration of the promises and
agreements herein contained, the Developer and the County hereby agree as
follows;
1. ELECTRIC SERVICE.
By separate agreement Developer has contracted with Holy Cross
Electric Associaticn, Inc., to provide underground electric service to and
within the subdivision. By the terms of and conditions of this contractual
agreement, Developer has given to Holy Cross Electric Association, Inc. cash
in the amount of $25,564.75 to guarantee the installation of electric services.
Total Cost
Credit for
Overhead
Net Cost
• •
Filing 411 Filing 412 Filing 413 Totals
$35,289.75 $29,298.63 $11,700.79 $76,289.17
9,725.00 9,185.00
$25,564.75 $20,113.63
4,420.00 23,330.00
$7,280.79 $52,959.17
Credit for
Trenching &
Bedding by
Developer 15,073.75 14,112.75 6,804.50 35,991.00
Final Net Cost $10,491.00 $6,000.88 $476.29 $16,968.17
This contractual arrangement by the Developer, together with
security described hereinafter, is sufficient security to secure the per-
formance of the installation of this utility.
The schedule for the installation of electric utility service
is as follows:
Phase I Electric Service -- 180 Working Days.
Within 180 working days following the final approval of the
0
subdivision, Developer will cause to be installed the primary source of
electric power described generally, as follows: Commencing at the West end
of Mineota Drive as shown on the plat of the subdivision, Filing No. 2,
thence easterly along said Mineota Drive to its intersection with Kiowa
Street, thence Southerly along Kiowa Street to its intersection with the
Public Service Transmission Line, all as shown on said plat; thence easterly
along the Public Service Transmission Line as shown on the plat of the sub-
division Filing No. 1, to the east line of said subdivision as shown on said
plat; thence northerly to an existing electric power supply. All as shown
by the said yellow line on Exhibits "A" (plat of the subdivision, Filing No.
1) and "B" (plat of the subdivision, Filing No. 2).
Phase II Electric -- 360 Working Days.
Within 360 working days following the final approval of said
subdivision, Developer will cause to be installed the secondary sources of
electric power for Filings Nos. 1 and 2 of the subdivision as follows:
-2-
• 1
Filing No. 1: Commencing on Mineota Drive where
Seneca Street begins, thence southerly along Seneca Street to its inter-
section with Mohawk Street; thence westerly along Mohawk to the cul-de-sac
which is the terminus of said Mohawk Street; thence from the terminus of
Mohawk Street back easterly to the intersection of Mohawk with Seneca Street;
thence southerly and then westerly along Seneca to the cul-de-sac which is
the terminus of Seneca Street; thence from the terminus of Seneca Street
easterly and then northerly along said Seneca Street to Mineota Drive to
the intersection with the Phase I, or primary source of power, at said
Mineota Drive.
Filing No. 2: Commencing on Mineota Drive at a point
where Kiowa Street begins, thence along Kiowa Street to the cul-de-sac which
is the terminus of said Kiowa Street, thence returning southerly along said
Kiowa Street to Ute Way, thence southerly along Ute Way to the cul-de-sac
which is the terminus of said Ute Way; thence returning northerly along
said Ute Way to its intersection with Kiowa Street; thence southeasterly
along said Kiowa Street to its intersection with Shoshoni Street; thence
easterly along said Shoshoni Street to the cul-de-sac which is the terminus
of said Shoshoni Street; thence westerly from the terminus of said Shoshoni
Street to its intersection with Kiowa Street; thence easterly along Kiowa
Street to its intersection with Mineota Drive to the intersection with the
Phase I, or primary source of power, at said Mineota Drive.
All as shown on Exhibits "A"and "B" by the dashed yellow line.
Phase III Electric -- 720 working Days.
Within 720 working days following the final approval of the
subdivision, Developer will cause to be installed all sources of electric
power for the lands contained within the subdivision, Filing No. 3, all as
shown on Exhibit "C" (plat of the subdivision, Filing No. 3) by the dashed
yellow line.
-3-
The engineering cost estimates for Filings Nos. 1, 2 and 3
of the subdivision are attached hereto and marked as Exhibits "D", "E" and
"F", respectively. The Holy Cross Electric Association, Inc., Share Sub-
scription and Application For Membership by Developer, dated August 30, 1972,
is attached hereto and marked as Exhibit "G". A copy of the letter from Holy
Cross Electric Association, Inc., dated August 30, 1972, is attached hereto
and marked as Exhibit "H".
2. ROAD SYSTEM.
Developer shall provide, or shall cause to be provided, roads
and roadways with an all-weather gravel base with the subdivision. The
schedule for the completion of such roads and roadways shall be as follows:
Primary Road System -- 360 Working Days.
The primary road system for the subdivision is, and shall be
for purposes of this Agreement, Mineota Drive as shown on the plats of
Filings Nos. 1, 2 and 3 of the subdivision.
The rough -in -work (for purposes of this Agreement, the term
"rough -in -work" shall include only all necessary heavy equipment work to
establish the roads and roadways as platted) for Mineota Drive for Filings
Nos. 1 and 2 of the subdivision has been completed. The final gravelling of
Mineota Drive for Filings Nos. 1 and 2 of the subdivision shall be completed
by the Developer within 360 working days following the final approval of the
subdivision.
The rough -in -work for Mineota Drive for Filing No. 3 of the
subdivision shall be completed by the Developer within 360 working days
following the final approval of the subdivision. The final gravelling of
Mineota Drive for Filing No. 3 of the subdivision shall be completed by
the Developer within 720 working days following the final approval of the
subdivision.
Secondary Road System -- 720 Working Days.
Within the number of working days set forth hereinafter
following the final approvalof said subdivision, the Developer shall complete
both rough -in -work and graveling:
-4-
Filing No. 1: Street No of Working Days
Mohawk 540
Shoshoni 540
Seneca 540
Filing No. 2: Ute Way 720
Kiowa 540
Shoshoni 540
Work Completed To Date.
The rough -in -work on Mineota Drive for Filings Nos. 1 and 2
has been completed. The rough -in -work on Seneca Street, Kiowa Street and
Shoshoni Street is substantially complete. The Developer has purchased
5,000 tons of three-quarter inch gravel at the pit. The foregoing constitutes
approximately one-third of the total roadwork for the subdivision, or is
equivalent to the sum of $20,000.00.
Supporting Documentation.
A copy of the engineering cost estimate for the roads and
roadway within the subdivision is attached hereto as Exhibit "I".
3. WATER SYSTEM.
Developer shall provide, or shall cause to be provided, the
water system for and within the subdivision in accordance with the engi-
neering plans and specifications heretofore submitted. The schedule for the
completion of the water system shall be as follows:
Primary Water System -- 180 Working Days.
Phase I: The primary water system shall consist of the water
at its well -head source to the 55,000 gallon storage tank, the terminus, and
all appurtenant and related facilities from such source to such terminus,
inclusive of the water line between the source, located on a line projected
northerly from Corner No. 5 of Filing No. 1 of the subdivision, beginning
at such source, thence southerly to said Corner No. 5, and thereafter con-
tinuing southerly in or along Seneca Street as depicted on said plat of the
subdivision. All of which is more particularly depicted by a red line on
Exhibit "A" (plat of the subdivision, Filing No. 2).
- 5-
1
Said primary water system shall be completed, in its
entirety, by Developer within 180 working days following the final
approval of said subdivision. The estimated cost of complete installation
of this Phase I is $28,500.00. The following work has been completed or is
substantially completed by Developer as of September 4, 1972:
Item
Water tank, value house
Pump house
Electric work
Pump, switch boxes, piping for well
Foot valves, fittings for well
Surveying and engineering
Cost
$9,500
2,000
2,800
2,500
1,000
2,000
$19,800
Secondary Water System:
Phase II: Phase II of the water system shall consist
of the following:
Commencing at the intersection of Seneca Street and
Mineota Drive, thence westerly along Mineota Drive through Filing No. 1
to and terminating at the East line of Lot 1 of Filing No. 2 of the sub-
division. The segment of Phase II of the water system shall be complete
within 360 working days following the final approval of the subdivision.
Commencing at the intersection of Seneca Street and
Mohawk Street, Filing No. 1 of the subdivision thence westerly along
Mohawk Street to the cul-de-sac terminating said street; thence S. 82°59'
34" W. 667.76 feet; thence N. 35'30'00" W. 183.00 feet; thence S. 54'52'
00" W. 525.00 feet; thence N. 89'36'11" W. 457.44 feet to the cul-de-sac
at the terminus of Shoshoni Street; thence westerly along Shoshoni Street
to the utility easement area as shown on Filing No. 2 of the subdivision;
thence northerly along and through said utility easement area to Kiowa
Street; thence easterly along Kiowa Street to its intersection with Mineota
Drive and the intersection with the line constructed under the preceding
segment of this Phase II of the water system.
-6-
Phase II of the water system shall be complete within
640 working days following the final approval of said subdivision. The
estimated cost of installation of Phase II is $13,900.00.
Phase III: Phase III of the water system shall consist
of the following:
Commencing at the intersection of the east line of Lot
20 of the subdivision, Filing No. 2, with Kiowa Street, thence westerly
along Kiowa Street to its intersection with the Public Service Transmission
Line; thence westerly along the Public Service Transmission Line right-of-
way to its intersection with Ute Way; thence northerly along Ute Way to its
intersection with Kiowa Street; thence northerly along Kiowa Street to the
cul-de-sac representing the terminus of said street; thence east 226.68 feet;
thence north 194.01 feet; thence N. 41'14'00" W. 515.00 feet; thence N. 49'
46'28" E. 937.52 feet intersecting with Mineota Drive and the line therein
installed during Phase I of the water system.
Said Phase I1I of the water system shall be completed
within 640 working days following the final approval of said subdivision.
The estimated cost of installation of Phase III is $8,400.00.
Phase IV: Phase IV of the water system shall consist of
the following: commencing at the west end of Mineota Drive as shown in
Filing No. 3 of the subdivision thence easterly to the cul-de-sac representing
the terminus of said Mineota Drive; thence N. 34°43'32" E. 316.57 feet;
thence S. 83'35'25" E. 344.96 feet; thence east -northeasterly to the west
end of Kanani Place, the terminus of said line.
Said Phase IV of the water system shall be completed within
1000 working days following the final approval of the subdivision. The
estimated cost of installation of Phase IV is $5,500.00.
Phase V: Phase V of the water system shall consist of the
following: commencing at the cul-de-sac on Seneca Street located in Lot 17
of the subdivision, thence westerly along said Seneca Street to the cul-de-sac
on Lot 13 of the subdivision representing the ultimate terminus of Seneca
Street.
-7-
Said Phase V of the water system shall be completed
within 1000 working days following the final approval of the subdivision.
The estimated cost of installation of Phase V of the secondary water system
is $2,000.00.
Supporting Documentation:
The engineering cost estimates in connection with the
water system of the subdivision are attached to this Agreement and marked
as Exhibit "J" hereto.
4. Said utility installations shall be constructed to meet or
exceed the specifications heretofore submitted to the County in connection
with this subdivision approval request.
5. It is recognized that physical circumstances encountered in
actual construction and installation of utilities may require amendments
or changes in the location or locations of such services. Nothing in this
Agreement shall be construed as precluding Developer to apply to alter or
amend this Agreement as to location of utility service based upon exignecies
encountered during construction. Any Amendment to this Agreement shall be
evidenced by an addendum making reference to this Agreement, and the con-
sent to such amendment will not be unreasonably withheld by the County.
6. That construction and development of said utilities as
specified and in accordance with the foregoing schedules shall be acceptable
to the County upon the Developer filing with the County a certificate of
completion of the particular phase of utility installation. Thereafter,
the County shall have 30 days within which to inspect and approve the same
and unless sooner approved said installation as identified in said certifi-
cate shall be deemed approved following said 30 day period.
7. The Developer shall secure its performance of this Agreement
with lands equivalent in value to the sum of $100,000.00, and payment of said
sum shall be evidenced and secured by a deed of trust to the Public Trustee
of Garfield County, Colorado, naming the County as beneficiary, and securing
-8-
the SW4SE4 of Section 13, T. 6 S., R. 92 W., 6th P.M. which lands are
presently owned by the Developer. Said security shall be deemed to shift
from phase to phase of the utility installations in accordance with the
foregoing schedules and ultimately be released upon satisfactory installation
of the final phase or phases of utility installation as aforesaid.
VALLEY IMPROVEMENT .& DEVELOPMENT CORP.
By
R. M. DIXON, President
THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, STATE OF COLORADO
By
Chairman
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