HomeMy WebLinkAbout3.0 SIA'sSUBDIVISION IMPROVEMENTS AGREEMENT
SIERRA BLUFFS FILING #1 SUBDIVISION
THIS AGREEMENT is made and entered into this day of January, 1996, by and
between the BARTON F. PORTER and FRANK W. COLLINS (hereinafter collectively
referred to as "Owner/Subdivider") and the BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, STATE OF COLORADO, (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Owner/Subdivider is the dwner and developer of certain real property
located within Garfield County, Colorado, known as the Sierra Bluffs Filing #1 Subdivision; and
WHEREAS, the Preliminary Plan for Sierra Bluffs Filing #1 Subdivision was approved
pursuant to Resolution 95-059; and
WHEREAS, Owner/Subdivider has submitted to the County for its approval the Final
Plat for Sierra Bluffs Filing #1 Subdivision, more particularly described in said Final Plat and
on Exhibit A attached hereto, and incorporated herein by reference; and
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of
the State of Colorado, the Owner/Subdivider wishes to enter into this Subdivision Improvements
Agreement with the County; and
WHEREAS, Owner/Subdivider has agreed to execute and deliver a letter of credit to the
County to secure and guarantee the performance of this agreement by Owner/Subdivider, and
has agreed to certain restrictions and conditions regarding the issuance of building permits and
certificates of occupancy, all as more fully set forth hereinafter.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows:
1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final
Plat, subject to the terms and conditions of this agreement, as well as the terms and conditions
of the Preliminary Plan approval, Resolution No. 95-059, and the requirements of the Garfield
County Zoning and Subdivision Regulations.
2. OWNER/SUBDIVIDER'S PERFORMANCE. Owner/Subdivider has
constructed and installed or shall cause to be constructed and installed, at Owner/Subdivider's
own expense, those improvements set forth in Exhibit B attached hereto, and made a part hereof.
Those improvements shall be completed on or before September 1, 1996. Additionally, the
Owner/Subdivider agrees that those improvements shall be constructed in compliance with the
following:
A. all plat documents submitted prior to or at the time of the final plat
approval;
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B. all requirements of Resolution No. 95-059, including all
requirements of the Garfield County Zoning Code and Garfield County
Subdivision Regulations;
C. all laws, regulations, orders and resolutions of the County of
Garfield, State of Colorado, the United States, and any of the various agencies
having jurisdiction, affected special districts and municipalities providing utility
services; and
D. all designs, maps, specifications, sketches, and other materials
submitted to and approved by any of the above -stated governmental entities.
The County agrees that if all improvements are installed in accordance with this
agreement, final plat documents, the requirements of the Garfield County Zoning Code, all other
requirements of this agreement and the requirements of the Preliminary Plan, then the
Owner/Subdivider shall be deemed to have satisfied all terms and conditions of the Zoning and
Subdivision Regulations of Garfield County, Colorado.
3. SECURITY FOR IMPROVEMENTS.
A. LETTER OF CREDIT. On or before the date of the recording of the
Final Plat with the Clerk & Recorder, the Owner/Subdivider shall deliver a letter of credit in
a form which is acceptable to the County, in the amount of $8,000.00 which is the estimated
costs of the completion of all subdivision improvements related to Sierra Bluffs Filing #1
Subdivision, as set forth and certified by a licensed professional engineer in Exhibit C attached
hereto, less the cost of improvements already completed in conformance with relevant
requirements, and as certified in Exhibit C attached hereto. The letter of credit required by this
agreement shall be in the full amount of the uncompleted improvements and shall be issued by
a State or National banking institution, licensed in the State of Colorado, doing business in the
State of Colorado, and in a form acceptable to the County. With the exception of that portion
of the letter of credit to be retained for revegetation of landscaping improvements in accordance
with Paragraph 3B below, the letter of credit must be valid for a minimum of six (6) months
beyond the completion date for the improvements set forth herein. If the time for completion
of improvements is extended by written agreement to this agreement, the time period for the
validity of the letter of credit shall be similarly extended. Additionally, should the letter of
credit become void or unenforceable for any reason prior to the County's acceptance of the
improvements, the County may cause the final plat to be vacated pursuant to Section 12 below.
B. PARTIAL RELEASE OF LETTER OF CREDIT. The County shall
release portions of the letter of credit, as portions of this agreement are completed to the
satisfaction of the County. Certification of completion of improvements adequate to authorize
release of security must be submitted by a licensed professional engineer. Such certification
authorizing release of security shall certify that the improvements have been constructed in
accordance with requirements of this agreement, including all Final Plat plans, and shall be
stamped upon as -built drawings by said professional engineer where applicable. The
Owner/Subdivider may request release for the portion of the security upon proof of:
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(1) that the Owner/Subdivider has a valid contract with a public utility
company regulated by the Colorado P.U.C. or a municipality that obligates such
utility company to install certain utility lines and provide service; and
(2) that the Owner/Subdivider has paid such utility company or
municipality the cost of installation of such utilities required to be paid by
Owner/Subdivider under such contract.
Upon submission of a certification of completion of improvements by the Owner/Subdivider, the
County may inspect and review the improvements certified as complete, to determine whether
or not said improvements have been constructed in compliance with the relevant specifications.
If the County determines that all or a portion of the improvements certified as complete are not
in compliance with the relevant specifications, the County shall furnish a letter of potential
deficiencies to the Owner/Subdivider within fifteen (15) days specifying which improvements
are potentially deficient.
If no letter of potential deficiencies is furnished within said fifteen (15) day period, all
improvements certified as complete shall be deemed accepted and the County shall release the
appropriate amount of security as it relates to the improvements which were certified as
complete.
If a letter of potential deficiencies is issued which identifies a portion of the certified
improvements as potentially deficient, then all improvements not so identified in the letter of
potential deficiencies shall be deemed accepted, and the County shall release the appropriate
amount of security, as such relates to the certified improvements that are not identified as
potentially deficient in the letter.
With respect to any improvements certified as complete, but which are identified as potentially
deficient in the letter of potential deficiencies as provided in this paragraph, the County shall
have thirty (30) days from the date of the letter of potential deficiencies to complete its
investigation and provide written confirmation of the deficiency to the Owner/Subdivider.
If upon further investigation the County finds that the improvements are acceptable, then
appropriate security shall be released to the Owner/Subdivider within ten (10) days after
completion of such investigation.
In the event the improvements are not accepted by the County, the Board of Commissioners shall
make a written finding prior to requesting payment from the letter of credit. Additionally, the
County shall provide the Owner/Subdivider a reasonable period of time to cure any deficiency
prior to requesting payment from the letter of credit, which time period shall not exceed thirty
(30) days.
C. SECURITY FOR REVEGETATION. The cost of the landscaping
improvements has been set forth in Exhibit B attached hereto, including an amount sufficient to
provide for full revegetation of the landscaping required by the Preliminary Plan.
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The letter of credit set forth above must provide security for all costs of
landscaping. The certificate of completion for landscaping improvements shall
set forth the costs of revegetation, and such amount shall be retained as security
for a period not to exceed one (1) year after such completion. The initial
completion of landscaping shall occur on or before September 1, 1996. At the
conclusion of that one (1) year period from the date of certification of completion,
the amount of security retained for landscaping shall be released by the County
upon receipt and acceptance of a certified letter from a landscape professional that
such landscaping is complete and is no longer in need of revegetation, and that
revegetation is established.
D. SUBSTITUTION OF LETTER OF CREDIT
The County may, at its sole option, permit the Owner/Subdivider to
substitute collateral other than a letter of credit acceptable to the County for the
purpose of securing the completion of the improvements as hereinabove provided.
E. RECORDING OF FINAL PLAT
No final plat shall be recorded pursuant to this agreement, until the letter
of credit described in this agreement, in a form acceptable to the County, and in
an amount acceptable to the County, has been received and approved by the
County.
4. WATER SYSTEM AND UTILITIES. All easements and real property
constituting the site of domestic water and utility systems shall be indicated upon the Final Plat,
and dedicated to, and accepted by the homeowners association. Coincident with the recording
of the Final Plat, the Owner/Subdivider shall transfer all water rights to the homeowners
association as such are necessary to provide water service to this subdivision. Additionally, the
Owner/Subdivider shall deed all easements for water services and utilities to the homeowners
association coincident with the recording of the Final Plat.
5. PERMITS The parties agree that no building permit shall be issued until the
Owner/Subdivider demonstrates to the satisfaction of the Fire District and the County that
adequate water is available for the Fire District's purposes at the site of construction. Further,
the parties agree that no certificate of occupancy shall be issued for any building or structure
within the subdivision until all subdivision improvements, including completion of the water
system have been completed and are operational, as required by this agreement. The
Owner/Subdivider herein agrees that prior to the conveyance of any lot within this subdivision,
Owner/Subdivider will provide to the purchaser of that lot a signed copy of Exhibit D attached
hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and
certificates of occupancy.
6. ROADS. All roads within the subdivision shall be dedicated to the public, are
accepted herein by the County on behalf of the public, but are not accepted by the County for
purposes of maintenance, upkeep, or repair. The homeowners association to be created by the
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Owner/Subdivider for the subdivision shall bear the sole responsibility for the maintenance,
repair, upkeep, snow removal and reconstruction of all roads within the subdivision.
7. INDEMNITY. To the extent allowed by law, the Owner/Subdivider agrees to
indemnify and hold the County harmless and defend the County from all claims which may arise
as a result of the Owner/Subdivider's installation of the improvements required pursuant to this
agreement. However, the Owner/Subdivider does not indemnify the County for claims made
asserting that the standards imposed by the County are improper or the cause of the injury
asserted. The County shall be required to notify the Owner/Subdivider of receipt of a notice of
claim, or a notice of intent to sue and shall afford the Owner/Subdivider the option of defending
any such claim or action. Failure to notify and provide such written option to the
Owner/Subdivider shall extinguish the County's rights under this paragraph. Nothing
hereinstated shall be interpreted to require the Owner/Subdivider to indemnify the County from
claims which may arise from the negligent acts or omissions of the County or its employees.
8. SCHOOL IMPACT FEES. The parties recognize and agree that the approval
of the Final Plat constitutes approval of 3 single family lots. The parties agree that school
impact fees shall be determined to be $200.00 per dwelling unit. The Owner/Subdivider
specifically agrees that Owner/Subdivider is obligated to pay the same, herein accepts that
obligation, and waives any claim that Owner/Subdivider is not so obligated or required to pay
school impact fees. The Owner/Subdivider agrees that subsequent to recording of the Final Plat,
the Owner/Subdivider will not claim, nor is the Owner/Subdivider entitled to, a reimbursement
of the school impact fees paid in conjunction with this agreement.
9. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this
agreement, the County may withhold issuance of building permits for any structure within this
subdivision, on and for any lot within the subdivision which has not been conveyed for and at
market value to bona fide purchasers, which purchasers are not related to the Owner/Subdivider.
10. SALE OF LOTS. No lots within the subdivision that is the subject of this
agreement shall be conveyed prior to recording of the final plat.
11. APPROVAL OF FINAL PLAT. The County herein agrees to approve the Final
Plat subject to the terms and conditions of this agreement, as well as the terms and conditions
of the Preliminary Plan Approval.
12. CONSENT TO VACATE PLAT. In the event the Owner/Subdivider fails to
comply with the terms of this agreement, including the terms of the Preliminary Plan, the
County shall have the ability to vacate the final plat as it pertains to lots which have not been
conveyed for and at market value to bona fide purchasers, which purchasers are not related to
the Owner/Subdivider. Any lots which have been so conveyed shall not be vacated and the plat
as to those lots shall remain valid. The Owner/Subdivider shall provide a survey and complete
legal description with a map showing the location of a portion of the plat so vacated.
13. ENFORCEMENT. In addition to any rights which may be provided by Colorado
statute. it is mutually agreed that the County or any purchaser of a lot within the subdivision
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shall have the authority to bring an action in the District Court of Garfield County, Colorado,
to compel enforcement of this agreement.
14. BINDING EFFECT. This agreement shall be a covenant running with the title
to each lot within the Final Plat, and the rights and obligations as contained herein shall be
binding upon and inure to the benefit of the Owner/Subdivider, Owner/Subdivider's successors
and assigns.
15. RECORDING. Upon execution and authorization by the County, the
Owner/Subdivider shall record this agreement with the Office of the Clerk & Recorder for
Garfield County, Colorado.
16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this agreement shall lie in the District Court for Garfield County, Colorado,
and be construed pursuant to the laws of the State of Colorado.
17. AMENDMENT. The parties hereto mutually agree that this agreement may be
amended from time to time, provided such amendment is in writing and signed by the parties
hereto.
18. NOTICE. All notices required herein shall be tendered by personal service or
certified mail upon the following individuals or agents of the parties to this agreement:
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Barton F. Porter and Frank W. Collins
2571 County Road 314
New Castle, CO 81647
ENTERED INTO the day and year first above written.
OWNER/SUBDIVIDER:
BARTON PORTER FRANK W. COLLINS
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
By
Clerk to the Board Chairman
I I. INS
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EXHIBIT A
A parcel of land situated in Section 22, Township 6 South, Range 92 West of the Sixth
Principal Meridian, County of Garfield, State of Colorado; said parcel being more
particularly described as follows:
Lot 10, Sierra Vista Ranch according to Plat filed as Rec. No. 302518.
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Exhibit B
Required Construction
No.
Item
Cost
Status
1
Access Road/Culverts/Gravel
Complete
2
Well
Complete
3
30,000 Gallon Water
Tank/Piping/ Controls
Complete
4
Electrical and Telephone
Service
$ 7,500.00
5.
Revegetation of Cut Slopes
$ 500.00
Estimated Costs Remaining
$ 8,000.00
iI:'JRS' PO IIA\BILFFS' SE 1. EXH
November 28, 1995
Mr. Mark Bean
Garfield County Planning
109 8th Street, 3rd Floor
Glenwood Springs, CO 81601
Re: Sierra Bluffs, Filing I
HCE Job No. 94093.02
Dear Mark:
EXHIBIT_ E.;'
'
;
This letter is to bring the County up-to-date on the construction already performed for the public
improvements on the referenced project. Currently, all construction necessary for the main access
road bas been completed. a *' }" y,
,
The water system has been installed.
The electrical and telephone service lines
conversation with the owner, Holy Cross
lines will be approximately:
All Overhead - $7,500.00
All Underground - $24,000.00
The owner has indicated that he would like to use overhead electric if at all possible. It is my
understanding that this may require another meeting with the County Commissioners .to request a
change in the approval. However, to expedite the Final Plat process, the ownerf� hasttindicatedthat he
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will Bond the $24,000 underground cost.
Based on periodic observations of the construction in progress, the improvements noted above have
been completed in accordance with the construction documents approved by the County and Garfield
County regulations. This statement of completion shall in no way relieve any other party from
meeting requirements imposed by contract or other means, including commonly accepted industry
practices.
If you have any questions or need additional information, please call.
Sincerely,
\`\\ t1Ulltimi o
fiE•O
HIGH COUNTRY ENG! `+• ' .:s1
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Tim
Prin
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'pal Engineer /���hn ..,*n,-:
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923 Cojl"+XVueGlenwood Springs, CO 81601
Teiept(bri6:'303-945-8676 • FAX: 303-945-2555
EXHIBIT D
NOTICE REGARDING BUILDING PERMITS
TO: ALL PURCHASERS OF HOME SITES WITHIN
THE SIERRA BLUFFS FILING #1 SUBDIVISION
YOU ARE HEREBY NOTIFIED under applicable Garfield County Regulations, you
may not commence construction of a residence within unincorporated Garfield County, including
Sierra Bluffs Filing #1 Subdivision, prior to issuance of a building permit by Garfield County.
Under the terms of the Subdivision Improvements Agreement between Garfield County and
Barton Porter, you are hereby notified of the following:
1. Approval of the Final Plat by Garfield County does not assure that improvements
have been constructed, and are actually in place. While Garfield County has obtained sufficient
security to assure construction of those improvements, you have the responsibility to determine
whether or not those improvements will be in place in a timely manner relative to your request
for issuance of a building permit.
2. Prior to issuance of a building permit, the lot owner must demonstrate to the
County that the Fire Protection District is satisfied that there is adequate fire fighting water
available on the construction site.
Garfield County shall not issue a certificate of occupancy for any structures within Sierra
Bluffs Filing #1 Subdivision until all subdivision improvements, including the water system and
all other utilities have been completed and are operational in accordance with the Subdivision
Improvements Agreement.
OWNER/SUBDIVIDER:
BARTON F. PORTER and FRANK W. COLLINS
2571 County Road 314
New Castle, CO 81647
THE FOREGOING NOTICE WAS READ AND UNDERSTOOD BY THE
UNDERSIGNED PURCHASER OF A HOME SITE WITHIN SIERRA BLUFFS FILING #1
SUBDIVISION THIS DAY OF , 199_.
PURCHASER:
(Type Name)
(Type Name)
(Type Address Above)
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