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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY AUG 3 0 2006 Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qarfield-county.com Subdivision Application Form GENERAL INFORMATION (To be completed by the applicant.) > Subdivision Name: vat 1 ey vi PW vj i 1 age Suhcli vi Sion, R„i lrli ng n ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat x > Name of Property Owner (Applicant): Darter , LT C > Address: 786 Vali ey Court Telephone: 970-523-5555 ➢ City: Grand Junrt i nn State: 0C) Zip Code: 81 505 FAX: 970-523-0 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): nervi d 1-1_ McCnnal1ghy, , Esq., Garfield & Hecht, PC ➢ Address: 420 Seventh Street STIi to 100Telephone: 970-947 936 , > City: C;1 Pnwnnd Springs State: co Zip Code:81 601 FAX: 970 -947 - Name of Engineer: Chris Hale, Mountain Cross Engineering, Inc. > Address: 826 1/2 Grand Avenue Telephone: 970-945-5544 ➢ City: Glenwood Springs State: co Zip Code: 81601 FAX: 970-945-5 > Name of Surveyor: Samuel D. Phelps, SurvCo, Inc. > Address: 826 1/2 Grand Avenue Telephone: 970-945-5945 ➢ City: Glenwood Springs State: co Zip Code: 81601 FAX: 970 945-5 ➢ Name of Planner: ➢ Address: ,, N/A Telephone: ➢ City: State: Zip Code: FAX: 103 1937 558 46 GENERAL INFORMATION continued... ➢ Location of Property: Section 18 Township 7 South Range ➢ Practical Location / Address of Property: Jessica Lane c5 West Rattlement Mesa, rnlnrarin ➢ Current Size of Property to be Subdivided (in acres): ➢ Number of Tracts / Lots Created within the Proposed Subdivision: ➢ Property Current Land Use Designation: 1. Property's Current Zone District: 2. Comprehensive Plan Map Designation: MICR 1 Study Area 3 Proposed Utility Service: ➢ Proposed Water Source: Battlement Mesa Cnnsnl i clatPc] Metrnenl ;tan ➢ (See "Attachment C" to be completed with the Preliminary Plan Applipcafon)1 c t )=. Proposed Method of Sewage Disposal: Sanitary Sewer System ➢ Proposed Public Access VIA: \ra11Ay View Drive/Jessica Lane ➢ Easements: Utility: Ditch: ➢ Total Development Area (fill in the appropriate boxes below): (1) Residential Units / Lots' Size (Acres) Parking Provided X Multi -Partin Mobile Home 4 Ycs Total' 4 Floor Area {sq ft.) ize (Acres) Parkinq Provided (2) Commercial (3) Industrial (4) Public / Quasi -Public (5) Open Space / Common Area Total • Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200; Plat Review Fee 2 • • and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-countv.com/building and planning/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the st.tements above and have provided the required attached information ccurate to the best of my knowledge. whic ignature •f ap'Iicant/owner Last Revised: 07/25/2005 8 7-30—©6 Date t M ; 05 / '1 / 0 -71 • , r ,•7 '/'J !'>\ //\ / /1, /V‹ \ 7 ir ( \ \ • 1 0 I "*. / r\, 0 aVo8 Auuvno DNO In 9 I'3 0 o g 8 I", ) DARTER, LLC GARFIELD COUNTY, COLORADO \ VALLEY VIEW VILLAGE, PUD P11ASING PLAN t - IC‘" • 7 ' • i r- r- r- r- r- 0 0 0 0 0 4 (.0 - Cr) 11 A 0 HIGH COUNTRY ENGINEERING, INC. WI BLAKE AVENUE, ME E OLENWOGO MINOS CO 1(1602 PHONE (970) 045-0670 FAS COW 945-2595 14 INYEISSESS DAVE EAST, STE 0-0/0, EISOLEY4000, CO Soto PIE (303) 925-0544 FAX 1003) 925-0547 DES. DJW ;4 S tn i NORTH NO. DATE REVISION BY DR. DJW CK, 1. 5/31/03 UPDATE PLANS DJW DATE 3/3/03 FILE: PHASING CALL mai 11011109.110/1 C199113101. OoLoNADo 1-800-922-1987 T. 534-6700 "DOIAN' CALL .-CM DATI. ,I.VANO. 519MPIC MU OKI 014400. 0(1 ISIOAVAIS pcs UM79,99101447 049.(99111UTutti• ASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 • • GARFIELD &HECHT, P.C. HAND DELIVERED ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com August 30, 2006 Fred A. Jarman, AICP Assistant Planning Director Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Valley View Village Building D Dear Fred: AVON OFFICE Avon Town Square, Unit 104 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (970) 949-0707 Facsimile (970) 949-1810 BASALT OFFICE 110 Midland Avenue, Suite 201 Basalt, Colorado 81621 Telephone (970) 927-1936 Facsimile (970) 927-1783 Nicole D. Garrimone, Esq. Glenwood Springs Office ngarrimoneCru_garfieldhect. com Enclosed please find three copies of the Townhome Plat for Valley View Village Building D along with a completed Subdivision Application Form and check in the amount of $200.00 for the final plat application fee. Darter, LLC owns the property subject to the plat, and Mr. Terry Lawrence, manager, will sign the plat on behalf of Darter, LLC. It is our understanding that we have resolved all issues relating to the townhome covenants, maintenance, etc., with previous Valley View Village townhome plat applications. Please let me know if you require any additional information or if you have any questions. The applicants would like to commence sales of Building D units created by the plat, so we look forward to finalizing the submittal as soon as possible. Sincerely, GARFIELD & HECHT, P.C. By: /C1/6642U/ f 2/ c_( Nicole D. Garrimone Enclosures cc: Terry Lawrence 133929_1 Printed on recycled paper • 1 Ng Nil 11111 111 11111 11311 111 11111 1111643045 12/16/2003 10:01A 61546 M 1 of 12 R 61.00 D 0.00 GARFXELDp964 COUNTYCODORF SUBDIVISION IMPROVEMENTS AGREEMENT (Valley View Village Subdivision - Phase A) THIS AGREEMENT is made and entered into this day of (Dt.11n b&4r 2003, by and between F.DWAR15 11OAGLUND AND IDA LEE HOAGLUND ("Owner"), DARTER, LLC ("Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO ("County"). WITNESSETH: WHEREAS, Owner is the record title owner of certain real property located within Garfield County, Colorado, known as Valley View Village Subdivision (hereinafter the "Subdivision" or the "Property"), the legal description of which property is more particularly described Exhibit A hereto and incorporated herein by this reference; WHEREAS, Developer is the developer of the Subdivision, has acted as the "Applicant" with the Owner's consent through the subdivision process, and holds an option to purchase the Property in phases and shall purchase Phase A of the Subdivision upon the execution and recording of this Agreement; and WHEREAS, On August 4, 2003, the Board of County Commissioners granted Preliminary Plan approval for the Subdivision (hereinafter "Preliminary Plan Approval") pursuant to Resolution No. 2003-67, a copy ofwhich was recorded in the records of the Garfield County Clerk and Recorder on September 15, 2003, in Book 1518 at Page 822 as Reception No. 636574; WHEREAS, Owner and Developer have submitted to the County for its approval final subdivision plat for the Property ("Final Plat"); WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, Owner and Developer wish to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Developer has agreed to execute and deliver a letter of credit to the County 0— to secure and guarantee its performance under this agreement and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinbelow. NOW, THEREFORE, for and in consideration of the premises and the following mutual 0 covenants and agreements, the parties hereby agree as follows: \2003•,Cltcnts:Gr ce Hones`•Agrcentents\$IA-final wpd November 25. 2003 1 r • 1111111 11111 111111 Illll III 111111 1111111 III IIIII IIII Ilil 643045 12/16/2003 10:01R B1546 P965 M ALSDORF 2 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO 1. Definitions. The "Final Plat" means the document consisting of three sheets to be recorded with the Garfield County Clerk and Recorder entitled "Final Plat, Valley View Village Subdivision in Battlement Mesa P.U.D." "Plat Documents" means the Construction Documents for Phase A, Valley View Village, P.U.D. prepared by high Country Engineering under Project No. 2021056.00, dated August 25, 2003, consisting of 13 sheets and also the Final Plat. "Phase A" means that portion of the Property approved for development by virtue of this SIA including Lot 46, Tracts A, B, C, D, and E, and the public right of way for Valley View Drive, all as depicted on the Final Plat. "Future Phases" means those parcels depicted on the Final Plat as Lot 47 and 'Tracts F, G and 1-l. 2. Final Plat Approval. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval and the requirements of the Garfield County Zoning and Subdivision Regulations including without limitation the terms and conditions of the Battlement Mesa P.U.D. as applied to the Property in Resolution No. 82-330 and as thereafter amended. This approval authorizes construction and development within Phase A as authorized in the Preliminary Plan. Development within the Future Phases shall require subsequent approval by the Board of County Commissioners of final subdivision plats and associated subdivision improvements agreements for such Future Phases. 3. Responsibilities of Owner and Developer. All real property included within the Phase A shall be conveyed by Owner to Developer simultaneously with the recording of the Final Plat. Upon such conveyance to Developer, all rights, duties, obligations and liabilities of"Owner" as set forth herein shall be deemed assigned to and assumed by Developer. Tithe conveyance does not occur, then Owner shall remain responsible for all terms and conditions of this Agreement. 4. Owner's Performance. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those subdivision improvements ("Improvements") related to Phase A which are required to be constructed under the Preliminary Plan Approval, this Agreement, the Plat Documents, and all Garfield County Zoning and Subdivision Regulations. All such improvements shall be completed on or before one year after the date of this agreement. Additionally, the Owner shall comply with the following: A. Plat Documents submitted prior to or at the time of the Final Plat approval, which are incorporated herein by reference and made a part of this Agreement; I:\2003,CIients'Gracc Homes\Agrecnients`SIA-final wpd november 25. 2003 2 r • 1111111 IIIII 111111 11111 III 111111 1111111 III 11111 1111 IIII 643045 12/16/2003 10 01A B1546 P966 M RLSDORF 3 c,f 12 R 61.00 D 0.00 GARFIELD COUNTY CO All requirements of the Preliminary Plan Approval, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to the Phase A of the Subdivision; C. All laws, regulations, orders and resolutions of the County and all affected special districts; D. All designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities; E. The Improvements to be constructed by the Owner shall include without limitation the following, all of which are depicted on the Plat Documents: (1) potable water supply and distribution systems for the Valley View Village Subdivision, Phase A; (2) internal roads as depicted on the Final Plat; upgrades to Stone Quarry Road and Battlement Mesa Parkway; drainage features and utility structures; (3) sanitary sewer facilities; (4) landscaping, drainage improvements, and utilities as depicted in the Plat Documents. The County agrees that if all Improvements are installed in accordance with this Agreement, the Plat Documents, and the as -built drawings to be submitted upon completion of the Improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement and the requirements of the Preliminary Plan Approval, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 5. Security for Improvements. A. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Developer shall deliver an irrevocable Letter of Credit in a form acceptable to the County or such other forth of security as may be deemed acceptable to the County in the amount of $1,306,241.61, which is the estimated cost for completion of the Improvements, including a 5% contingency, as set forth and certified by High Country Engineering, Inc. on Exhibit I3 attached hereto and incorporated herein by this reference, minus the cost of Improvements, if any, already completed as of the date of the filing of the Final Plat as are certified on Exhibit B hereto. This amount does not include security for revegetation, which shall be secured by a separate letter of credit in accordance with paragraph 5(c) below. The (:\2003\Clients\Qrace Homes\Agrccmcnls\SIA final. wpd No%cmber 25. 2003 • I 111111 11111 111111 11111 111 111111 1111111 III 11111 !III 1111 643045 12/16/2003 10:01A 61546 P967 M ALSDORF 4 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO 1 Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licenced in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. § 4-5-107 by a bank that is licensed to do business in the State of Colorado, that is transacting business in the State of Colorado, and that is acceptable to the County. 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 through the execution of a written amendment 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, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the Improvements, then the approval of the Final Plat shall be deemed null and void and the plat shall be vacated excepting only those lots for which building permits have been issued to bona fide purchasers prior to the date of such vacation. B. Partial Releases of Security. The County shall release portions of the Letter of Credit as portions of the Improvements are completed to the satisfaction of the County. Certification of completion adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the [improvements have been constructed in accordance with the requirements of this Agreement, including all the Plat Documents, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of Improvements by Owner, 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 Improvernents certified as complete are not in compliance with the relevant specifications, the County shall within fifteen (15) days of the County's receipt of the certification of completion furnish a letter of potential deficiencies to the Owner specifying which Improvements are potentially deficient. If no letter of potential deficiency 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 identifying only a portion of the Improvements as potentially deficient, then all Improvements certified as complete not identified as potentially deficient in the letter shall be deemed accepted, and the County shall release the amount of security corresponding to such accepted Improvements. The County shall have thirty (30) days from the date of any letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If I.2003 Llicuts`dlrace 1 Ionics \AgrcentetitsSIA-final.upd November 25. 7003 4 • • 1111111 11111 111111 11111 111 111111 1111111 111 11111 1111 1111 643045 12/16/2003 10:01A 61546 P968 M ALSDORF 5 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO no such written confirmation is provided to Owner within said thirty (30) day period, or if upon such investigation the County finds that the Improvements are acceptable, then appropriate security shall be released to the Owner within ten (I0) days after completion of the thirty (30) day period of investigation. In the event that the Improvements are found deficient and not accepted by the County, then 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 a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. C. Security for Revegetation. Revegetation of all areas disturbed during construction of the Improvements shall be accomplished in accordance with the Preliminary Plan Approval and shall be secured by a letter of credit or other security acceptable to the County in the amount of $2,200 from Owner to the County. The County may hold the security for a two-year period of time following recording of the Final Plat in order to verify the success of revegetation efforts. Certifications and release of security for revegetation upon expiration of said two-year period shall be in substantial accordance with the procedures outlined above in the section entitled Partial Releases of Security, with a certification of completion submitted by the Owner and the release of security approved by Garfield County vegetation manager. D. Substitution of Letter of Credit. The County may, at its sole option, permit the Developer to substitute collateral other than a Letter of Credit in such form as may be acceptable to the County for the purpose of securing the completion of the Improvements 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 has been received and approved by the County. 6. Water and Sewer Utilities. Prior to the issuance by the County of Certificates of Occupancy for any homes located and constructed within Phase A of the Subdivision, Owner shall construct, install, and connect the water and sewer improvements required by the Preliminary Plan Approval according to the plans and specifications approved by the Battlement Mesa Metropolitan District and provide proof to the County that such water and sewer improvements have been accepted by the District. Owner shall execute and provide to the District any documents of conveyance for easements and personal property that may be required by the Preliminary Plan and by the District as a condition of its acceptance of such improvements to provide water and sewer service to the Property. 7. Roads. All roads within the Subdivision shall be dedicated to the public as public rights of way at the time of recording of the Final Plat depicting such roads, except for Angelica Circle, Jessica Lane, and Bryan Loop, which shall remain as private roads but with dedicated public easements for utilities and emergency ingress and egress. The private roadways depicted on the Final Plat shall be conveyed to the Valley View Village Homeowners' Association at the time of recording of the Final Plat. All roads within the Subdivision, whether public or private, 1:4003\Clients'%Cirace Hornes'Agrccments\SIA-final.wpd November 23. 2003 5 4iil 1 111111 11111 111111 11111 111 11111 1111111 ID 11111 1111 101 643045 12/16/2003 10 01A B1546 P969 M ALSDORF 6 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO shall be maintained by the Valley View Village Homeowners' Association or an incorporated multifamily sub -association thereof. The County shall not be obligated to maintain any roads within the Subdivision. Further, as part of its obligation to construct the Improvements secured by the Letter of Credit, Owner shall complete the on-site and off -set road improvements to Valley View Drive, South Battlement Parkway, and Stone Quarry Road as specified in the Preliminary Plan Approval. 8. Traffic impact Fees. Traffic impact fees in the amount of $39,222.60 have been paid upon execution of this Agreement as required by the Preliminary Plan Approval. Additional traffic impact fees in the amount of $726.35 per lot or residential unit shall be paid at the time of application for a building permit for such lot or unit. 9. Open Space. The entire Subdivision, including all lots and Future Phases, shall include not less than 9 acres ofCommon Open Space (25% of the total acreage). Phase A includes 13.915 acres for development, and the Final Plat includes a minimum of 5.937 acres of Common Open Space associated with Phase A as depicted on the Final Plat in compliance with the Garfield County Subdivision Regulations. The amount of Common Open Space in excess of the 25% requirement for Phase A, or 2.458 acres, shall be a credit towards the Common Open Space requirements for Future Phases of the Subdivision. Additional lands within Phase A may he counted towards future open space credits if so agreed between the parties as part of a subdivision improvements agreement for the Future Phases. 10. Multifamily Platting Process. Subject to the terms and conditions of the Preliminary Plan Approval and this Agreement, the County has authorized the subdivision of the property depicted on the Final Plat into multifamily residential units including two (2) duplex buildings, two (2) four-plex buildings, and seven (7) six-plex buildings. Before any individual dwelling unit in such multifamily buildings may be conveyed into separate ownership, Owner shall submit amended final plats depicting the actual ownership boundaries of each unit within each building. Such plats shall be based upon as -built surveys of the foundations of the buildings if the unit boundaries are defined in reference to party walls or, if applicable, based upon airspace surveys of the units after construction has been substantially completed if the boundaries are defined by airspace. No individual dwelling unit within any multifamily building shall be conveyed into separate ownership until the multifamily plat depicting such unit, as well as the declaration of covenants, conditions and restrictions defining the rights and duties associated with the ownership of each unit, have been approved by the County and recorded in the Office of the Garfield County Clerk and Recorder. The multifamily plats shall be processed by the County in accordance with this Agreement and the procedures and requirements of Section 5:00 of the County Subdivision Regulations. 11. Indemnity. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims that may arise as a result of the Owner's installation of the Improvements required by this Agreement. However, Owner does not indemnify the County for claims made asserting that the standards imposed by the County, the 1 \2007\Clientsl4mce Hnnusb\Mreemcros\SIA-linal.wpd 6 No,ember 25. 2003 1111111 11111 111111 IIIII III 111111 1111111 III IIIII IIII IIII 643045 12/16/2003 10 01A B1546 P970 M ALSDORF 7 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO Battlement Mesa Metropolitan District, or other utility provided are improper or the cause of the injury asserted. The County shall notify the Owner of receipt of any notice of claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner within fifteen (15) days of any such notice shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require Owner to indemnify the County from any claims arising from the intentional or negligent acts or omissions of the County, its agents or employees. 12. Sale of Lots. No tracts, lots or parcels within the Subdivision shall be conveyed prior to recording of a Final Plat depicting such tract, lot or parcel in the records of the Garfield County Clerk and Recorder. 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 tract, lot or parcel within the Subdivision have the authority to bring an action the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. 14. Issuance of Building Permit. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any structure with the subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Final Plat until all Improvements have been completed and are operational, as required by this Agreement. 15. Consent to Vacate Plat. In the event Owner fails to comply with the terms of this Agreement, including the terms of the Preliminary Plan Approval, the County shall have the ability to vacate any portions of the Final Plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued shall not be vacated and the plat as to those lots shall remain valid. Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 16. 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, its successors, and assigns, including without limitation Developer. 17. Recording. Upon execution and authorization by the County, the Owner shall record this Agreement in the Office of the Garfield County Clerk and Recorder. \20o3'c:I c os'uracc Homes\Agreemeo s\SIA-riiul wpd November 25. 2003 7 • • 1 111111 11111 111111 11111 111 11111 1111111 III 11111 110 1111 643045 12/16/2003 10 01A B1546 P971 M ALSDORF 8 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO 18. Venue and Jurisdiction, This Agreement shall be governed by and construed pursuant to the laws of the State of Colorado. In the event of any suit arising out of or relating to this Agreement, exclusive venue and jurisdiction shall lie in the District Court of Garfield County, Colorado. 19. Amendment. This agreement may be amended from time to time only in writing and signed by all parties hereto. 20. Notice. All notices required by this Agreement shall be tendered by personal service or certified mail, return receipt requested, upon the following individuals or agents of the parties to this agreement: To the County: To Owner: To Developer: with a copy to: Board of County Commissioners Of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 c/o Thomas Stuver, Esq. 120 West Third Street P.O. Box 907 Rifle, CO 81650 Terry Lawrence Darter, LLC 786 Valley Court Grand Junction, CO 81505 David H. McConaughy Leavenworth & Karp, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 Fax 970-945-7336 WHEREFORE, the parties have executed this agreement effective as of the day and year fust written above. BOARD OF COUNTY COMMISSIONERS OF GARF. c COUNTY ...644445- . . 1 ft, By I:\2003\CIients%Grace HomesW g eemems\SIA-5. wpd November 12, 2003 • • 111111111111!11111 111111111111111111111 111 1111111111111 643045 3 10:01A B1546 M 9 of 12 R 61.00 D 0.00 GARFIELDPCOUNTY QCODORF DARTER, LLC By Terry Lawrence, President STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Edwardpoag and vtQ-��-- 44C1 Ida Lee Hoaglund Subscribed and sworn to before me this %r day of j , 2003by John Martin as Chairman of the Board of County Commissioners of Garfield County, (SEAL) My commission expires: STATE OF COLORADO ) Pe -3q ) Ss. COUNTY OF ) Subscribed and sworn to before me this anGt day of air.A„,,Lx2003by Terry Lawrence as President of Darter, LLC. (SEAL) My commission expires: Q tag I&)4 STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Notary '^.blit Subscribed and sworn to before me thi of �4 -S0 , 2003by Edward and Ida Lee Hoaglund. (SEAL) My commission expires: r 1i�003\Clians\(irate Homes\Agreertx;ues\SIA• inaI. pd Nus'cmber 25. 2003 My Commissson Expires 03/04/2006 1 1 111111 11111 111111 11111 111111111 111111111! 111111 III 1111 643045 12/16/2003 10:01A B1546 P973 M ALSDORF 10 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO • A PARCEL OF LAND SITUATED IN THE SEI/4NE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 18, A 1 1/2" ALUMINIUM CAP LS #19598 SET IN PLACE, (WHENCE THE EAST QUARTER CORNER OF SAID SECTION 18 BEARS 545'09'57"E A DISTANCE OF 1,878.79 FEET) THE pOtNT OF BEGINNING; THENCE S89'47'02"E ALONG THE NORTHERLY BOUNDARY OF SAID SE1/4NE1/4 A DISTANCE OF 1,280.85 FEET TO A POINT THE WESTERLY RIGHT-OF-WAY OF STONE QUARRY ROAD; CTHENCE LEAVING SAID NORTHERLY BOUNDARY S00'29'S9"E ALONG SMD RIGHT-OF-WAY A DISTANCE OF 1,319.86 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID SE1/4NE1/4; THENCE LEAVING SAID RIGHT-OF-WAY N89'59'15"W ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 1,279.39 FEET TO THE EAST -CENTER SIXTEENTH CORNER OF SAID SECTION 18; THENCE LEAVING SAID SOUTHERLY BOUNDARY N00'33'38"W ALONG THE WESTERLY BOUNDARY OF SAID SE1/4NE1/4 A DISTANCE OF 1,064,48 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY N88'24'45"E A DISTANCE OF 135.00 FEET; THENCE 584'40'15"E A DISTANCE OF 188.00 FEET; THENCE 552'29'15"E A DISTANCE OF 92.88 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 201.28 FEET A CENTRAL ANGLE OF 46'58'00", A DISTANCE OF 164.99 FEET (CHORD BEARS N23'42'38"E 160.41 FEET); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS CF 151.27 FEET A CENTRAL ANGLE OF 46'58'00", A DISTANCE OF 124.00 FEET (CHORD BEARS N23'42'38"E 120.56 FEET); THENCE NDC 13'38"E A DISTANCE OF 30.94 FEET; THENCE N89'46'22 -W A DISTANCE OF 511.07 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID SE1 /4NE1 /4; THENCE N00'33'38"W ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 40.00 FEET TO JHE POINT OF BEGINNING; SAID PARCEL CONTAINING 36.372 ACRES, MORE OR LESS. EXHIBIT • i 111111 11111 I11111 11111 111 111111 1111111 11111111 111 1111 643045 12/16/2003 10:01A B1546 P974 M ALSDORF 11 of 12 R 61.00 D 0,00 GARFIELD COUNTY CO Valley View Village Subdivision -Phase 'A' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST October 30. 2003 HCE JOB NO: 2021056.00 klgrada,att ikt202%1056\conest.alO Phase•a. 10.28.113 ITEM ITEM QUANTITY UNIT COST COST NUMBER Grading and Earthwork 1 ---price includes construction staking-- IMobiliuuitnt ;Demolition of Existing Home ;Earthwork ,To�rsod Stripping and Stockpile _._......_ .__._ _.__.I 1Dr;ll seed and Hydromulch ___-._..........»_...._,.___y !.Erosion and Sediment Control Saw.eut, Remove and Dispose of Existing Asphalt „- _ - ISawcut, Remove and Dispose of Exsimg Curb & Gutter -fiZiomill and Dis.ppse of Eaisn13 Asphalt fT_Mirati Weed Barrier _..____.. 12.5' Asphalt_..._._...__..._...__.__...._....___ __._._... Asphalt I 1 I; 1 I!L.S. ; I!L.S, I IL.S..__.._. 111..5. I 1!L.S. -_15921S.Y._ s 590, t elS;S.Yw_1 I 14841S.Y.' 1---._11131S.Y. I 3215 Z1961S.Y. 54541S.Y. iBIOiS.Y,-_ I 1608:S.Y. ! LS. 1 $24,000.001 1_ $18,000.00 ' S125,500.00 __ $24,300.00 --r --T $7,500.901 ' $3500.00; 524,000.00 518,000_00 5125.500.00 524.300.00 57,500.00 53,500.00 W } 53.001 L.F. $2.00. 53,50! $1.501 $12.001- S.Y, r — $9.901 -1 $9.90ir 1_ __$11.571 — 18-1-741-..-----s-7.--.0.F.36 1— 311.57 54.776.00 S1,18U.00 $2.852.50 $2.226.00 S13,356.00 331.828.50 13"halt in Parkin Areas _!a' Asphalt ___._..,_._......._.__._.___------- ._.._.._._1 _--- -- t Asphalt at Battlement Mesa Parkway &Stone Qua; -y Road- -Ta" Asphalt at Battlement Mesa Parkway & Stone Quarry Road $21,740.40 363102.78 518.604.56 16"Class 6 ABC under`pedestrian path 76" Class 6 ABC under asphalt 1 1866C.Y. 366IC.Y, i._ 1257 I 8751C. _,-4 02 ! 1 9851L.F. 1 $34.00 $6,324.00 i $34.501__512,627.00 C.Y. 1 S34 501 Y. w > 334.50 -r —.__$____.$34.5.0...1_____S30,187.50 C.. 1 334.50!- Y — $14.75 I S24.50 L -F.513.001- 521.001 L.F. 1 510.50 L.F. 510.001 E $4 50; 1 5750,00 51.200,00 I $1.344.00; 5200.001- - __$I,9900,000.00 54,500.0000; L.S. II 53,200.00; L.S. 521,000.00] lL.S. 1 $6.500.001 Subtotal! _ 1543,366.50 530,187.50 513.1169.00 514,528.75 558.310.06 $19.695.00 35,145.00 55.775.00 58.700.00 _ 8" Class 6 ABC under Aspthall -__ -„�—W __. ___ _ 9” Class G_ABC under Aa halt - _ T9" Class ABC under AsphaltB.wi on BMP and 5.9 ._ _-_ 12'.6" Mountable Curb & Gutter 12'-6" Mountable Curb & Gutter & 4' Sidewalk I 2380-1-1--F. i 1515 ! 245'L.F. 550 870 16lEach I;Each I 1lEach ._Z$'Eachj 1 2'Each ! I;L.S. I 1I ; 11 I ; -1__—_r.....__ 12'-0" Venical Curb & Gutter 12'-0" Vertical Curb & Gutter & 4' Sidewalk 'i- IG" Barrier Curb iG" Ribbon Curb !Concrete Cross Pan with Aprons (4345-S.F,- !Handicap Ramp_ _..__ __.._ 519,552.50 512,000.00 51,200.00 _ $1.344.00 55.600.00 53.8, $4,500.00 $3,200.00 " S21,000.00 $6.500.00 __ Curb Opeaing .. __._.__. .. !.Curb Opening across Sidewalk 'Class I Ground Sign --- --- -- _ _....1_.. ;Pedestrian Siam! -Flashing !Remove/Replace Guardrail --_ !Pedestrian Cross Walk ;'Traffic Control Pavement Striping..i--- i.--_._.__._. _.__.__..._ _. ___..__...__-..___..__. $666,778.49 D,rRNtage�.'and'Stonn Sewer , sr," ,.. :r :i .;'ntr; -.F. , ' - 'r' •L..•...:..9:!..::,%.,,,..,,„.:ru.:., .:1 ...,. 118' ADS N -l2 177TL.F. 1601I 1 i 332.00 55,664.00 -F. ! 578.00 _ -- 312.480 00 Each~ $7.500.00 57,500.00 i _ _ ._..-___._154" CMP Culvert (2 Pipes)_ __ __- -- Concrete Headwall wI Traab Rack for 2-54" CMP's � !Concrete Headwall for 2-54" CMP's �pc 16 Combinat' Inlet ADS Pond Outflow Control Structure -1------. t9" (d50 Grouted Ringi ---y18" (d50) Grouted Ri...__.._._ ____.__..._..._.___. �____-_ --- --- J.00 PY moll ramat stixIs tide Fabric ~itorm Inlet Rim .._. _ _._ __ -_ _. ards ;North American Green S-150 Erosion Control Blanket 4 1 �-�- 2 _ 2 - f __ 13 2 271SlS.Y. Each 57,500.00 Each i 52.900.00 Each ' S2,200.001-- L.S. 53,500.00 L.S. -_ .__ 56 100.00-_.--- E Each 1 s .00 L.S. 1- 52.00 I { Subtotal 57,500.00, $5,800.00 $4,400.00 53,500.00 S6,SOOS1l) 51,500.03 5 .00 55,430.00 $64,144.00 B "I 111111 11111 111111 1111 111 111111 11111 111 111111 111 1111 643045 12/16/2003 10,01A 51546 P975 M ALSDORF 12 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO Valley View Village Subdivision -Phase 'A' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST October 30, 2003 HCE JOB NO: 2021056.00 kNetrodatatnkVs02t10S0conest.alstPhase-A. 10-3-03 ITEM ITEM QUANTITY UNIT COST COST NUMBER Sewer ' _____ I --price includes trenching and fittinss--- i8" SDR 35 Sewerline25101_1r-1.529.50 i8wer Siub with Cap f 5!Each . " Se _._:..._..._._.__.__.__..-._...._......____.-----__._..._._......,_._ __,---_.....r_....._..__i_.. 14' Dia. Manhole 18 Eaeh ;Remove and re Iacc existin manhole 1 ';Each ! 4 Sewer Service {_ @leach i 574,045.00 s2,500.001_.__,_._.— S12,500.00 52,400 001 543.200.00 53,900.001 53,900-00 5550.00 533,000.00 iRaise Exisunv8 Sewer Manhole Rim 1!Each i $1.750-W; 51,750.00 �-- —_—_, i__._._..... __._._..__.._ ....._-... _ _ ._---._...._ ._._._---_—___. _.�-__.__(--._ 1 Subtotal! 5168,395.00 Domestic Water 1--- rice includes trenchins and ftttin s -- i8" C9OD Waterline 4550 L.F. 12" C900 Waterline 1__ ii5 L.F. 18" Gate Valve251Eacb 112" Gate Valve 1 I1Fac1T 13/4" Water Service w/ Sin le Meter Pit I 54 Each vice w/ Single Meter Pit „ _ 1 iEach _.._..._..1211/ " IrranuAssem.._--.__,.._._.._....._....___..._._,_._,_-...._...._.__...,____.--- rEach , R • i b!�.____—_ __—_-__--.—._.--_...— '_ 10 _ach �_�8" Water Main Stub and Blowoff Valve 6�Each 524.001 5109,200.00 s38.o0' 54,370.00 I 51,500.001 537,500.00 1 52,900.001 $2,900.00 1 5545.001 529,430.[10 i _..S2,._ _ ..__ _,._..._. I 52,250.00; $2,250.00 i 52,750.00 527,500.00 r —_ �WV �— 1 51,400.001 58,400.00 —53,900.170 _- —^ 2022 _ ^ 18" Air Vac _-- —0202 .— ItEact- — _— IPRV w/vault -- 2222__— I 1 Fach �.__.._..._�,_._,_..._..---_—__.._.______..__._---0222•_--_ �_:____. Cnnnecuan to Existit� Main1-__.__ , c _f ---...'._.._. _........._ _ 0000... _ —__ .t__—i—_�._ 1 I ! $3,900.00 ......_.._ ...._..__.—_......._._. ! 529,500.00. _ 529,500.00 __,.2.25°-°°1__—__.—.-2:25- _,. 2,250.001—___-2,25D.00 . —_.- subtotal. us7,200.00 Miscellaneous . ' `... ' .; 'Pothole Located Existin&•Hi#h Pressure Gas Main _•.,._______•• i 171Each .�...._.I ...r...._.....—' -w- —'4' Shallow Utift Trench 3650,L.F. __._.,..___ 2022 .. _.". _. �__.___ _ _ _ ___-----.---2200__ _ ._.___._i, 2022.._ 4 14' electric conduit installation (conduit furnished D, utility) _ , 365131L.F.—_ _-- --r..,___._._____.__._. it tO i _.___._ furnished _.. r �_.. 14' Telephone Cortdutt to sncludc mswllatton !_.._...3650'L'F' Iitansfornter Vault Excavation I 191E_ach 2020. ____,...... 200,0 _ _ 14" Conduit Sleevin8 ®,Roadway intersections ^ _ _ ,�650�4.F -._ _. 2000. r.__—..�. _ — 16" Conduit Sleevin 9 Roadwa intersection 850tL.F. I 5400.1701 56,800.00 ---'.._...y 2020._ _._.._.._ i 56.001 S21,9900.00 t $1.00: _.._ 53.650.00 , .$2001 57,300.00 ! 5400.001 57,600.00 ! 53.950.00 — __. -_S7LOI11 __ I s8.751___ 57,437.50 1 _} 1--__`_-__' I.... _---•---1___ 0__ _.___.__._._.._....._._______•-- ___-_.---.______.,__ . __ -_____.___Subtotal! $60,637.50 1 • i 1 l Subtotal! 81,217,154.99 _.i_._-0202 S% 2020_.— �____._.._�.._._V..._.._......._.....-•--__._-__...,,..,.�......_.•_....._._._._ _.____..__ __...___..__ 1 2— 112% Construction 2022'T�_.__._..... 1 ---2200. Contingettczl 560,857.75 — __.._ Tectinpt 530,428.87 _. 2222_. _ _ i TOTAL 51,308,441,61 This estimate does not includr engineering services, tap Ices or utility sol? costs. high Country 8ngtneermg, (re. Gamut estimate as actual costs may vary due to bidding, !final cntxracting arcd market i1uctuationa. a 1 II;II1 Hill 111111 111111 111 1111 11111111 III VIII IIII IIII 652574 05/24/2004 09:26A B1589 P914 M ALSDORF 1 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO • AMENDMENT NO. 1 SUBDIVISION IMPROVEMENTS AGREEMENT Valley View Village Subdivision - Phase A THIS AMENDMENT NO.1, Subdivision Improvements Agreement, Valley View Village Subdivision - Phase A ("Amendment") is made and entered into by and between DARTER, L.L.C. ("Owner/Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO ("County"). WHEREAS, Owner/Developer, Owner/Developer's predecessor in interest and the County entered into that certain "Subdivision Improvements Agreement" related to Phase A of the Valley View Village Subdivision at Battlement Mesa PUD, recorded as Reception No. 643045, in Book 1546, at Page 964 of the Garfield County Clerk and Recorder's records ("SIA"); and WHEREAS, consistent with Paragraph 3 of the SIA, title to the real estate described in Exhibit A of the SIA ("Phase A") was conveyed to Owner/Developer by Deed recorded as Reception No. 348859, in Book 642, at Page 65; and WHEREAS, Owner/Developer is in the process of constructing improvements for Phase A, and Owner/Developer and County find it appropriate to enter into this Amendment to deal with certain encroachments on and damage to property owned by the County adjacent to Phase A. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. Paragraph 1 of the SIA, "Definitions", is amended by the addition of a new term, as follows: "County -owned Property" means that parcel of land consisting of approximately 2 acres, zoned "PSA" and labeled by Assessor's Parcel Number 2407-181-00-001, located in the northwest corner of the land described on the plat identified as Sheet No. 2 of 3, Final Plat of Valley View Village Subdivision at Battlement Mesa P.U.D., recorded as Reception No. 643044, in Book 1546, at Page 963, and described on the Exemption Plat recorded as Reception No. 643038. May 7. 2004 1 • • l t1111111111111111111111111111111111111111111111111111 652574 05/24/2004 09 26A B1589 P915 M ALSDORF 2 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO 2. Paragraph 4 of the SIA, "Owner's Performance", is amended by the addition of the following language, including subparagraphs "F" through "J", which shall read as follows: Owner/Developer recognizes and agrees that prior to March 26, 2004, Owner/Developer's contractor(s) or agent(s) cleared and grubbed approximately one (1) acre of the western portion of the County -owned Property ("western portion"), removing the overburden of rocks, vegetation and topsoil. County and Owner/Developer recognize and agree that Owner/Developer's contractor(s) or agent(s): (i) allowed placement of personal property, whether or not owned by Owner/Developer, on the County - owned Property; (ii) removed all equipment, construction materials and personal property on or before close of business Friday, March 26, 2004, at the verbal request of representatives of the County; (iii) removed all stockpiled overburden and debris on or before Monday, April 5, 2004; and (iv) installed plastic fencing marking the boundary line between Phase A and the County -owned Property. May 7, 2004 F. Owner/Developer shall ensure that all contractors and subcontractors, of whatever tier, and any other entities or individuals working on Phase A are made aware of the property line and do not use the County -owned Property for construction staging, parking, or any other purpose, except that Owner/Developer or its agents may enter upon the County -owned Property for the purpose of fulfilling its obligations under this First Amendment. G. Owner/Developer shall re -vegetate the disturbed western portion as soon as possible, and in no event later than April 30,2004, to ensure maximum growth during the spring and summer of 2004, in accordance with a re - vegetation plan. The plan shall be consistent with the seed mix, topsoil, fertilizer, mulch, and timing requirements of the Garfield County Engineer's "Specification No. 02821", and shall consist of (i) a plant materials list; (ii) identification of type and amount of topsoil; (iii) description of weed management; and (iv) a planting and watering schedule. The watering schedule shall. provide adequate moisture for initial germination and on-going 2 s 111111 11111 I11111 III11111111111111111111111111 1111 IN 652574 05/24/2004 09.26A 61589 P916 M ALSDORF 3 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO /,,),7,2004 • growth, with up to one application four times per week, unless there is sufficient rain fall, throughout the growing season. The revegetation plan shall be reviewed by the Garfield County Vegetation Management Director, and seeding shall not be commenced until the approval of the Vegetation Management Director is received, in writing, by Owner/Developer or the authorized and identified representative of Owner/developer. The Owner/Developer shall apply topsoil to a depth of six (6) to twelve (12) inches, before seeding. The disturbed topsoil may be replaced with the topsoil removed from the western portion or with imported topsoil, as long as the topsoil is adequate in quality and depth to sustain re -vegetation. The area shall be crimped and mulched with straw, and otherwise in accordance with Specification No. 02821. Pe -vegetation shall be accomplished by Owner/Developer, including without limitation the cost of watering and weed management, without cost or expense to the County. H. Owner/Developer and County recognize and agree that dust control is necessary due to removal of the overburden. Owner/Developer, therefore, shall provide dust control on the western portion by application of water, until such time as revegetation efforts have eliminated the movement of dirt, dust and vegetative debris or until the Letter of Credit, described in Paragraph 5, subparagraph F below, has been released, whichever occurs first. 1. Owner/Developer and County recognize and agree that latent drainage problems, not apparent from the County's reasonable observation and inspection prior to execution of this Amendment, may arise due to the activities of Owner/Developer's contractor(s) or agent(s) on the County -owned Property. Owner/Developer's Engineer has determined that the natural southwesterly drainage pattern on the County - owned Property has not been destroyed, as stated in the opinion letter of High Country Engineering, Inc., attached to and incorporate 3 • I IIlIII 11111 illlll Iillll III Ilil IIIIIIiI III IIIII IIII IIII 652574 05/24/2004 09:26A 81589 P917 M ALSDORF 4 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO • in by this reference as "Amendment Exhibit No. 1". However, Owner/Developer and County recognize and agree that disruption to the natural drainage may have occurred and mitigation is necessary for at least the period of time until revegetation is established. Owner/Developer, therefore, agrees to install temporary drainage/erosion control, in the form of approximately Two Hundred Fifty (250) linear feet of silt fencing, and to provide further mitigation, upon the written request of the County, by means of installation of erosion control blankets. The silt fencing shall be installed on or before April 30, 2004. J. Work by Owner/Developer or Owner/Developer's agent(s) or contractor(s) on the western portion shall be accomplished in accordance with Owner/Developer's state and federal water quality and waste water discharge permit(s), including without limitation Owner/Developer's "NPDES" permit. 3. Paragraph 5, "Security for Improvements", shall be amended by the addition of one(1) new paragraph,"F",which shall read: F. Security for Revegetation of the Western Portion of County -owned Property. The re - vegetation of the western portion, detailed in Paragraph 4, subparagraphs F through H, above, shall be accomplished in accordance with Owner/Developer's revegetation plan, as approved by the County Vegetation Management Director, and shall be secured by an irrevocable Letter of Credit in the amount of Two Thousand Five Hundred Dollars ($2,500.00) from Owner/Developer or its agent to the County, delivered to the County by close of business on May 14, 2004. Said Letter of Credit may be a separate instrument, in a form acceptable to the County, or Owner/Developer's obligation may be met by an increase in the dollar amount of the already existing Letter of Credit, specified in Paragraph 5, subparagraph C., above. The County may hold the security for a two (2) year period of time May 7, 2004 4 • 111111111111111111 I111II 111 1111111111111111111111111111 652574 05/24/2004 09.26A B1589 P918 M ALSDORF 5 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO • following the 2004 spring/summer growing season, i.e. until June 1, 2006, in order to verify the success of revegetation efforts. Certifications and the final release of security for revegetation, upon expiration of said two-year period of time, shall be by procedures substantially the same as the procedures outlined above in the section entitled "Partial Releases of Security", Paragraph 5., subparagraph B., above, with a certification of completion submitted by the Owner/Developer and the release of security approved by the Garfield County Vegetation Management Director prior to presentation of a release document, in a form approved by the County, to the Garfield County Board of County Commissioners. Partial releases, however, shall not occur as to revegetation security. 4. Paragraph 11, "Indemnity", is deleted and replaced with the following: 11. Indemnity. To the extent allowed by law, the Owner/Developer agrees to indemnify and hold the County harmless and defend the County from all claims that may arise as a result of the Owner's/Developer's installation of the Improvements required by this Agreement, and the work done on County -owned Property, specified in Paragraph 4, subparagraphs G through J, above. However, Owner/Developer does not indemnify the County for claims made asserting that the standards imposed by the County, the Battlement Mesa Metropolitan District or other utility provided are improper or the cause of the injury asserted. May 7, 2004 The County shall notify the Owner/Developer of receipt of any notice of claim, or a notice of intent to sue, and shall afford the Owner/Developer the option of defending any such claim or action. Failure to notify and provide such written option to the Owner/Developer within fifteen (15) days of any such notice shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require Owner/Developer to ,indemnify the County from any claims arising from the intentional or negligent acts or omissions of the County, its agents or employees. Nothing herein shall be interpreted as a waiver of 5 • 1 11111111111 111111 11111 1 111 1111 IIIIIIII 111111111111 II 11 652574 05/24/2004 09:26R B1589 P919 M ALSDORF 6 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO sovereign immunity to which the County is otherwise entitled. 5. Other than as amended above, the SIA shall remain in full force and effect. 6. Upon execution by the parties, this Amendment No. 1 shall be recorded in the office of the Garfield County Clerk and Recorder. WHEREFORE, the parties have executed this dment No. 1 to be effective March 26, 2004, ir. matter the dato of - ecution. STATE OF COLORADO County of )ss. OARD OF CO TY C'MMISSIONERS GARFI LCO Yr TCGORADO 0 , By: -- Joh OWNE DART By: Terry L Date: nt oyY •�L�ii;� kY OEBO .fa1i E�.•.;0! .�N FULLER ���' vz ;rn ,• ;off Subscribed and sworn to before me this 4 day of �a r 2004, by Terry Lawrence, Preside ' ..i0 -1-6V-1 t' authored representative of Darter/'LLC. May 7, 2003 Notary Public My Commission expires: 6 E/CiNEE'�//iG Memo • • 1111111 IIIII 111111 111111 III IIII IIIIIIII III IIIII IIII IIII 652574 05/24/2004 09 26A B1589 P920 M ALSDORF 7 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO To: Board of County Commissioners of Garfield County From: Ron Weidler Date: April 23, 2004 Re: Battlement Mesa Subdivision —Re -vegetation of Disturbed County Property HCE Project Number 2021056.0811 I am writing this memo pursuant to a request from Garfield County regarding the disturbance of the County's parcel of land, Parcel Number 2407-181-00-001, by Tamerrel Excavating, Inc. and the impacts to the drainage patterns on this property. I inspected the site on April 21, 2004 to determine what impacts the land disturbance will have on the natural drainage patterns of the County's parcel site. At the time of my inspection the contractor had removed all of there equipment, construction materials, and excavation spoils from the County's parcel and graded the disturbed area to pre-existing grade. From my field observations the drainage patterns are essentially the same as pre-existing conditions. Additionally the disturbed area has approximately less than 5% slope and should not be subject to erosion once re -vegetation has been established. Please contact High Country Engineering for any questions or Clarifications. ION AO' `o...��'� mendment Exhibit No. 1 SIA Amendment No. 1 Valley View Village - Phase A 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone (970) 945-8676 - Fax (970) 945-2555 14 Inverness Drive East Suite D-136 Englewood, CO 80112 Telephone (303) 925-0544 - Fax (303) 925-0547 • • Garfield County INTEROFFICE MEMORANDUM To: Fred Jarman, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Valley View Village Building D Plat Date: 09/13/06 SURVEYOR SCOTT AIBNER, P.L.S Dear Fred, Upon review of the Valley View Village Building D Plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. after review, no comments or corrections are needed. The surveyor may prepare the mylar for record pending further requirements from your office. Sincerely, Scott Aibner As Garfield County Surveyor cc Samuel D. Phelps — SurvCo, Inc.. 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail.•saibner@garfield-countycom Page 1 of 1 Fred Jarman From: Fred Jarman Sent: Wednesday, September 20, 2006 9:07 AM To: 'Samuel Phelps` Cc: Scott Aibner Subject: VVV Building D PLat changes Hello Sam: Please make the following changes to the VVV Building D plat then go to mylar and send to Scott Aibner for signature: 1) Surveyor's notes: No. 1) add "village" after Valley View on second line; add "PUD" after MESA on third line; 2) Cert. of Dedication and Ownership: Add "Village" after Valley View on first line, second paragraph; 3) Attorney's cert: Strike "final" on third line and replace with "Townhome" Thanks it. Thanks. Fred 9/20/2006