HomeMy WebLinkAbout2.0 Subdivision Improvement AgreementHUgI.Lt IUUC/ UY/ VU
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TIrIS AGREEMENT is madearrd entetedinto uis?-dav of Ft lfUf'
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SUBDTYISION IMPRO\TEMEMS AGREEMENT
ELK SPRINGS, FfLING 6,
A SUBDIYISION OF LOS AJWIGOS RANCII P.U.D.
€z i23o
/6, 0f7
,2001,
between LOS AI\{IGOS RANCH PARTNERSHIP (hereinafter refered to as "o
BOARD OF COTINTY COMMISSIONERS OF GARFIELD COUNTY'
.er"; and the
COLORADO
(hereinafier referred to as the "County");
WITNESSETH:
WIIEREAS, Owner is the owrrer and developer of certain real property located within
GarfieldCor:nty, Colorado,knownas Los AmigosRanchP.U-D., as approvedandmore particutarly
described in bounty ResolutionNo. 96-34; and
WHEREAS, preliminary plan approval was issuedby the County for that portion ofthe Los
Amigos P.U.D. aesignated as Eft Springs Filing 6, urrder the terms and conditions set forth in
Co.,rity ResolutionNo- 98-30, as amended by Resolgtion 99-102; and
WI{EREAS, boththe Los Amigos RanchPUD approval andthe Preliminary Planapproval
conte,;mplated deveiopment of the Los Amigos RanchP.u.D- in Phases' and
WI{EREAS, Owner has submitted to t}re County for its approval, the Finll PIat for Elk
springs Filing 6, a Subdivision oflos Amigos RanohP.U.D., (hereinaffer*FinalPIat") foraportion
;;;.0"r& ivi"g wi*nn the Los ^qmigo= P.U-D- more particulatly described in said Final Plat
;;;"ii;at i" i*niUit A attached heretoand incorporated herein by this refereuce; and
WIIEREAS, as a condition of approval of the Final. PIat and as required by the laws of the
State of Colorado, Ownerwishes to enteiinto this Subdivisionlmprovements Agreementwiththe
Cor:nty; and
WHEREAS, Owner has agreed to execute snd deliverto the Cor:nty cash or other secrrity,
deemed sufficient by the County to sec'ure and grrarantee Owner's performanceof this agrecment'
and has agreed to clrtaio restrictions and conditions regarding the issr:ance of building permits,
certificates of occupancy and sale of properties, all as are more fu]ly set forth hereinafter'
NOW, TImREFORE, for and in considerattqn of the premises and the mutual cove'Mnts
and agreements herein contained, owner and the couoty aglee as follows:
1. Final Plat AoProval'
The County hereby accopts and. approves the Final Plat subject to the terms and conditions
of rhis Agreemeng as well as the roro, -i conditions of Resolution 96-34, Resolutions 98-30 and
gg-l(r',and the requir"*ents of the Garfietd Cognty Zoning and Subdivision Regulations'
6/Z 35\dd zcr6E}5 b6cra6 ,CI I 3d Ng32t5 ? EII^IO3'IvEI:I^IOllJ 6E:oI lO-OE-Nvr
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?- Owner's Performance
u. Owner has construoted and installed or will cause to be constnrcted and
installed, at its soie expense, thosg improvements related to Elk Sptings Fililg 6: (hereinafter
..Subdivisiod') wfucf, are required to be constructed by Resolution No' 96-34, Resolution
No. 98-34, Resolution 99-1b2, the Finat Plat and all Co,nty Zoning aod SubdMsion
Regulations, The improvemerrts set forth therein will be completed in compliance with the
following:
i. all plat documents submitted prior to or at the time of the Final Plat
approval, inctudin!, &e terms of the certificates for improvemeuts comPleted prior
to the date hereof,-which plat documents ale incorporated herein by reference, and
made a Part of this agreement;
ii. all requirements of Resolution Nos. 9G34, 98-34, and 99-102
including all requirements ofthe Garfield County ZofiagCode and Garfield County
subdivision Regulations as they relate to the subdivision.
iii. all laws of the United States, the State of Colorado, the County of
Garlield and its various agencies and affected special districts'
iv. all terms and/or conditions and/or requirements contained within zuch
otherdesignS, -.p", "p""ifications,
sketohes, and/or otber materiats submittedto and
approved by any ofrhe above-stated governrnental entities-
b. AII improvemerrts required herein shall be oorstructed by Owner on or before
July 31, 200i rurless *itfri" said time perro4 Owner obtains fiom the Cor:nty an e)Cension
of time to complete the improvements, which extension, uPotr a showiag by Owner of a
reasonable need therefor, will not be withheld by the County. kior to the fural release of the
socrxity given by Owner under paragraph 4 hereof, Owner shall provide the County with as-
ffifd**t"gs ortne sewer and walor utility systems installed pusuant to this Agteement
such as-built drawings shall be stamped by a licensed engineer-
c. The County agreesthatif all improvements are i::stalled in aoobrdancewith
this agreement" the Final PIat docr.rments, andthe requireme'ats ofthe Preliminary Plas' &en
the Owner shall be deemed to have satisfied all terms and conditions of *t Zening,
Subdivision, Resolutions and Regulatioos of GarEeld County, Colorado including but not
Limited. to, Resolution No. 96-34 and Resolution Nos' 98-34 and 99-102'
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3. eosl Pf Improvements.
The total estimated cost of completion of the unfinished improvements related to the
Subdivision, as ser forrh and certified by a licensed engineer of Exhibit B attached hereto, is
$40,660.00 whioh amount the Courrty finds reasonable and hereby approves and accepts'
4. Securitv for Imorovements
a. Simultaneorxty with the execution ofthis Agreement by both paties, Owner
shaLl delivs cash or other security io a form acceptabie to the County and payable to tlre
county Treasuer in the amount equal to the "Total Estimated cost" of the uofinished
improvemeuts in the emount ser forth and certified in Exhitit g of $40,660.00. If cash ii
utiLzed by Owner, ttre County hereby agrees to deposit said cash io a scparate interest-
bearing account to be desigrraied aaddistributed in thc marner prescribed irr heteiu. All
interest eamed on any casl deposit shall accrue to the bencfit of Owner. Additionally,
Owner shall bO responsible to pay the fee charged by the Cor:nty Treasr:rer for any such cash
deposit.
b. As Owner completes the improvements desiglated in Exhibit B and receives
invoices in connection therewith, it shai forward to the Garfield Couuty Director of
nagrl"*ry Services a request fOr payment, an invoice, and-certification of completion
sub-mittedby a registered professional engineer. Such certifioation shall certiff tbat the
i*pro''"*"o6 Uar" Ue"n cdnstucted in accOrdance withthe requirements ofthis Agreement
and arry exhibits attached hereto. Such certification shall also c€rtify that the'amo'xlt of
."i*b*."*errt by the county for aoy line item listed oo Exhibit B does not exceed the
amount statcd in Exhibit B-
c. Upon receipt of Owner's request, invoicc aod certification, the County may
inspect and review the improvements certified as complete to determitre whether or not said
i-i.ov"m"nts have been constnrcted in compliaoce with the relevant specifications' If the
Co*tV determines that all or a portiotr of the-impovements oertified as complete arb not in
"o*pfi*"" with the relevant specifications, the County s.hall furnish a letter of potential
defrciencies to the Oumer within (15) fifteen days speciffig which improvemqlts are
potentially deficient. If no letter of potential deficiencies is furnished within said (15) fifteeo
, Ly period., all improvements certified as complete shall be deemed accepted by the Cormty
il tha County .trtt it*. from the account hereby crcated' a cheak or draft to Ourner's
designated payee in the amount of the invoice. If a letter of potentid deficiencies is iszued
which identifies a portion of the certified improvements as potentially deficient, then all
t-r;;*;nts not so identified in the lettei of potential deficiencies shall be deemed
J"p,"a and the County shall issue payment as such relates to the certified improvements
that are not identified as potentially deficieut in the letter.
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d. Withrespectto any improvements certified as complete by the Ownerthatare
identifiedas potentially deficientin al-etterofpotential defrciencies asprovidedinparagraph
C above, the County ,hrtt hur" (30) tlirty days from the date of the letter of potential
deficiencies to compiete its investigation and provide wrinen confirmation of the deficiency
to the Owner- tf upon fur*rer investigation, the County finds that the improvements are
acceptable, then the appropnate payment wiu be made by the county within (10) ten days
afteicomptetion of such investigation In the event the improvements are not accepted by
the county, the county, upon writteo findings made by the Board of corrmissioners
jrrstiffing G ,u*u, rh^il b"Lntitled to draw upon the account created hereia for the purpose
secgring payment for the completion of said improvemeots in conformance with the
spccifications. Additionally, the County shall provide the Owner a reasonablc period oftime
,o "*" arry deficiency prior to initiating the remedy provided the Cor:nty in this paragaph'
. 5. Conveyance of Sewer and Water Svstems'
The Finat Plat dedioates all sasements necessary for sanitarivr sewe, o collection lines and
facilities for Elk springs Filing 5, to spring valley Sanitation Distict. upon Qwner',s completion
of coostruction and insiattation of said sewir collectioo lines and facilities, the owner shall uansfer
ownershup thereof to the Spriog valley saoitatiou Distict by Bill of Sale, free and clear of all liens
and encumbrances. The Einal Plat dedicates aii easements necessary forthe liaes and facilitics of
the domestic water system for Elk Springs Filing 6 to the Los Amigos Ranch Homeovmers
Association, lnc. upon O.qmer's completioi of construction and installation of said watef, lines afld
iuliUai"r, the Ownir shall transfer ownership thereof to th1 Los Amigos Ranch l{omeowners
Associatioa, Inc. by Bill of Sale, free and clear of all liens and ensumbranceS'
6.Enforcement-
In addition to any rights which may be provided by Colorado statute, it is munrally agreed
that the Counry or any pur"iaser of u tot within the Subdivision shall have the authotity to brip.T
acdon in the Diski;'Court of Garfield Corurry, Colorado, to compel the enforcement of this
agf;meut- Such authority shall include_tho right to compcl rescission of any sale, conveyance' or
transfer of any lot contary to the provisions oithis Agreemen! or set forth onthe Fit'al Plat' or in
, *pa*" recorded insuument. a:ry such action shau be comnenced prior to the issuance of a
building perrnit by the County for such lot ; aud in the event no such action is so codfietrced then
the Cor:nty ^a *y f*oU""t shall be deemed to have waived their dghts and authority hefein
provided-
The County agrees to approval of the Final Plat subject to the terms and conditions of this
Agreement tn the evlnt the oder fails to comply with tho terms of the Agreemeilq owner agrees
that the County may vacate the Final Pla! as it pert"io. to undeveloped lots 9dI' A'y existing
developed lots or lOts on which improvements have been properly constructed shall not be rracated'
7.
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and the Final Plat as to thOSe lots shall remain valid. Owner shall provide a survey and complete
f"gJa"r"rif,ion, wittr a map showing the location of any portion of the platso vacated'
8. Issuance of Buildins Petmits'
As onc rcmedy for breach of this agreement, the county rnay withhold building permits for
any sEucture within tbe Subd"ivision. edditionally, tho parties agree tlat no certificate ofoccupancy
shall be issued for any frrilding or stuctrue withio the subdivision until all subdivision
improvernents have been compteted and are operational, as required by thiS agteement' Finally' the
Owner herein agrees that prior to the "oor"y*"" of any lot wi&in the Subdivision' that it will
p*riJ"r" G pirctasu of tnat lot a signed copy of Exhibit C attached hereto, notifying the oumer
;;;;;.";iing restrictlors upon issuance ofluilding permits and certificates of occupancy'
g. Roads and Road Imoact Fees
Roads within ttre Fhal Plat shall be private leadways arrd shall be dedicated to and
maintained and repaired by the Los Amigos Ranch Homeowners Association, hc' Approval of
roads within the Final prat, shau not ob[late the courrty to construct? maintain, repair, or replace
such roads. AII offsite road improv.*"rro- fo, ,h" Los Amigos Ranch P'U.D. have previously been
satisfied. In accordance withtbe provisions of Resolution 98-30 the owner shall pay a Road Impact
Fee of $200.00 per lot for each of the 47 Lots within the Final Plat for a total Road Impact Fee of
$9,400-00. fnis f"" rnJl be paid prior to or simultaneously with the recordiag of the f iDal PIat'
10. Indernniw'
a- To the extent allowed by law, owner aSrees to indemnify and hold harmJess
ttre County for claims which may arisi as a result of ownels installation of improvements
pursuant to this Agreement However, Owner does not indemnify the Corrnty for claims
rnade asserting the standard imposed by tho County on Owner are improper or the ca$Se of
the injr:rY assefted'
b.TheCourtyshallberequircdtonotisownellPlfifteen(15)daysof
receipt of aNotice of Claim orNotice oilrt*tto Sueand shall afford Ownerthe option of
defendiag any such claim or action. Failure to notifu and provide such option to owner shall
extinguish ,n" co,-ry Rights under this paragraph- Nothing herein stated shall bc
interpreted to requke Owncr to indemnify the County for claius which may arise from
negligent acts or omissions of the County'
11. Recording-
i
Uponexecutionandauthorization bythe County,theOmershallrecordthrsagreementwith
thc Offioe ofthe Clerk and Recorder For Garfield County' Colorado'
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12. Yenue and Jwisdiotion-
Venue and Jurisdiction for any cause arising out of or related to this agreemcot shall lie in
the Disaict Coprt for Garfield County, Colorado, and bc consu'ued Pursuant to the laws ofthe State
of Colorado
13. Amendment-
This agreement may be a:nended from time to time, provided that such amendmeut be in
vnitins and signed by the Parties hereto.
14. Bindins Effect-
This Agreement shall be a covenant rrrruring wirh the title to each lot within the SuMivision,
and the rights and obligatrons as contained herein shall be binding upon and inurc to the berrefit of
' Olrmer, iti successors, and assigns and shali govern the futrue aptious of the county where
applicable.
15. NedE
All notices required herein shalt be tendored by penonal service or csrtified mail upon the
fol.lowing individuals or agents of the paties to this agreement:
Board of County Commissiouers of
Garfield Couoty
c/o Mr. Mark Bean, Plaruring Director
109 8th Steet Suite 303
Glenwood Springs CO 81601
Los Amigos Ranch Parbrership
c/o IvIr. Greg Boecker
2929 Cor.rnty Road 114
Glenwood Springs, CO 81601
with copy to:
Mr. Larrtreuce Green, Esq.
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs CO 81502
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ATTEST:
Clerk to the Board
cMod{s\leiiss\' .'}9{o
G/e g9vd
ENTERED INTO thq day and year first above written'
LOS AMIGOS RANCII PARTI'{ERSHIP
BY
General and Managing Parmer
3g}f,D OF COI]NTY COMMISSIONERS
GARFIELD couNTY, COLoRADO
Chairman
Pagc 7
cd Ng3u5 ? Erllos'IvEI .I.roer.J..rE.oI ro-oe-Nvcza6asb6e,z.6:or
s EXHIBIT B
ELK SPRINGS FILING 6
SUBDIVISION IMPROVEMENTS AGREEMENT
A.ROADWAYS
1. Earthwork - Final Grading
2. 'Base Course Aggregate
3. Chip-seal, 21,000 sY @ $1.55/sY
4. Revegetation, 84,OOO SF @ $0.O5/SF
5. Road Signage, Allowance
WATER SYSTEM
SEWER LINE
OTHER UTILITIES
1 . Gas, Electrical & Telephone Services
2. Utility lnstallation
Remaining
Costs
$ -o-$ -o-
$ 33,OOO
I 4,OOO
$ 1,OOO
$ -o-
$ -o-
$ 38,OOO$ 2,660
$ 40,660
B.
c.
D.
-o-
-o-
Subtotal completion costs
7 o/o contingency
TOTAL COMPLETION COSTS
I hereby certify that these cost estimates reasonably reflect the actual remaining costs of
completing all the subdivision improvements in Elk springs Filing 6.
I hereby certify that each of these items has been paid for, to the extent of the remaining
costs listed.
I 50 2.06. s'a
OwG.lec.l /17/01
. Boecker, Manager
migos Ranch Partnership
HUgg:LL |OOZ/O2/lO
EXHIBIT C
NOTICE REGARDING BUILDING
PERMITSANDCERTIFICATE$oFoCCUPANCY
TO ALL PURCTIASERS OF HOMESITES WITHIN ELK SPRINGS FILING 6:
YoUAREHEREBYNOTIFIEDthatunderapplicableGarfieldCorrrrtyRee}hq.l
you may not com.:rrence constllction of a residenie within unincorpOrated Garfield
COunty, inctuding EIk Springs Filing 6, prior to issuance of a building perrrit by Garfield
Counp.
Additionally, Garfield county shall issue no certijicate of occupanCy for strucftIes
within Etk Springs Filing 6 rrnti] all of the Subd'ivisron Improvegtents, excepting
improvements relited to"revegetation, have been completed and are operational irt
accordance with the Subdivision I-nrprovements Agreement for EIk Springs Filing 6 dated
il;_ryl-zoof Uut "een Garfield Counry ur,-a Lou Amigos Ranch Parmership-
LOS AIvTIGOS RANICH PARTNERSHIP
Greg Boeclcer, Proiect Manager
The foregoing Notice was read and und,erstood by the r:ndersigned purchaser of
home site witlun Uf Springs Filing6 this day of 2001.
By:
6/6 39Vd zoEE}s -ooeE,o r 3d N=IsaI9 B AHL .VEI'l{Oarl IE,OI lO-AE-NVI.
l)u,u J{d- uro! r.Arlt(I Gt(tsEt\
-
rgl uuz
POWER OF'ATTORNEY
KNow ALL MEN B Y THESE PRESENTS, That, the undersi gned, Thom as E. Neal, partrrefof Los Amigos R*t] Par{e1ship, reposing special t*rt
"oa
.onfidence in Greg Boecker of thecounty of Garfield, state of coloiado, has made, constituted and appointed, said 6.eg noectrer histrue and lawful Attorney-in-Fact for him in his name,;il;;d rtead, sole use and benefit, to executeand record the Final Plat for Elk springs Filing o,'i souai"isign 9r Los Amigos Ranch plJD , asubdivision plat of the real propertyt".J.iu"a oi g*hiuit e utt""ir"a hereto and incorporated hereinby this reference, Iocated hGirneid County, Colorado.
Said attorney shall have full power, right an{ luthority to make, execute, sign, acknowledgeand record said Plat and such other documents or writings in zuch forms ana orsuciicontents as saidattorney shall deem advisable and necessary in connecti-on with the recording of the aforementionedPlat.
The purpose and intent ofthis Power.of Attomey is to clothe said appointed attorney with allpower and authority in connection with said Plat to the same extent ana wittr ttre same power andauthority which the undersigned might exercise, .ana *rri"rr. pow-er and authority is expressly soconferred; hereby ratrSing and confirming each *a .""ffigluia ut o*"y.t.u ao o, propo* ro aoby virtue ofthese presents. s'u sv vr
This Power of Attomey shall be effective immediately and shall terminate on February 2g,2001 without fiuther action of the principal.
IN wITNEss WHEREOF, I have hereunto set my hand on this / 7 day of Jauuary, 2001.
STATE OF ILLTNOTS )
) ss.
coLrNTY OF COOK )
2orr, of;iH:B:i,ff*ent was acknowredged before me this _t7 ,day or Janua ry ,
I OFFICIAL SEAL II saruonA REDDTNG ]
I lrornny puBLtc. sTATE oF tLlrNots i
{ uv col,turssioir iyptRES s.r o-zooq }._,_*;*;;*i
c:\uFdan\L6Lor^niSo.\, ..1.17-Ol
Witness my hand and official seal
Mycommissionexpires S - /o- g*l
O'l / 17 /2OO1 04 : 42PM
JoHN A. Tuui-sox
EowARo MULHALL, JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TrMoTHy A. THULSoN
LoRI J. M. SATTERFIELo
EDwaRo B. OLszEwsKt
DAV|D SANDovaL
CHRTSToPHER L. GETGER
ANNE MARIE CALLAHAN
DATE:
TO:
FROM:
REGARDING:
ItALCoMrr & GREEry, p.C.
ATTORNEYS AT I/A.w
P. O. DRA.WER 79o
8I8 CoI,oRADo A\rENIJE
GLENwooD SPRTNGS, CoLoRADo af602
Telephone: 970.945.6546
Facsimile: 970.945.8902
OF CouNSEL:
KENNETH BALCoMB
February 2,2001
Larry Green
Tim Thulson
jfl
Elk Springs, Filing 6
Please find enclosed the work I did on the above referenced matter while you
were gone. In this regard I make the following relevant notes:
1. As referenced in my letter to Mark and Don, the executed re-drafted SIA
has been delivered to Mildred Alsdorfs office for presentation to the Board this
Monday.
2. In reviewing Mildred's file I noticed that Exhibit A to the SIA (legal
description for filing 6) was missing. You will need to provide this Exhibit at the
hearing Monday.
3. I did not provide Mildred the Supplemental Declaration. I assume that this
has been previously reviewed by Don Deford and that the same would be filed by you
with the recording of the other documents. The original Supplemented Declaration is
contained in this file.
4. Mark Bean was out of the office for most of last week and as such I was
unable to determine what, if any, impact fees needf to be paid by Los Amigos at the
time of recordation (no one else in the planning ot'fice had a clue as to what they may
be.) You may want to address this matter early in the morning so Greg can bring the
appropriate summed checks to Monday's hearing.
IlAr,coMB & GREEN, P.C.
AT'IORI{EYS A'I LAW
P. O. DRAWER 79O
818 COI,ORADO AVENUI,
GLEN\!',OOD SPRTNGS, COLOR-,\DO a I 602
Telephone: 970.945.6546
Facsimile: 970.945.9769
February 7,2001
,lEcE,vEDFtB 072001
oF CoUNSEL:
KENNETH BALCOMB
JoHN A, THULSoN
EDWARD MULHALL, JR.
Scofi BALcoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
LoRr J. M. SATTERFTELD
EDWARD B. OLszEwsKr
DAVID SANDOVAL
CHRISToPHER L- GEIGER
ANNE MARIE CALLAHAN
VIA HAND DELIVERY TO:
Mark Bean, Planning Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Elk Springs Filing 6
Dear Mark:
I am enclosing herewith the original of a letter, certified by Dean Gordon, that the subdivision
improvements associated with Elk Springs Filing 6 that have been completed to date were completed
in accordance with the approved preliminary plan documents.
For your information, I have just left Mildred's office and the Elk Springs Filing 6 Final Plat
and related documents have now been recorded.
As always, please call me with any questions or concerns.
Very truly yours,
LRG/bc
Encls.
BALCOMB & GREEN. P.C.
February 5, 2OO1
Mr. Mark Bean, Planning Director
Garfield County Planning Department
109 Eighth Street, Suite 3O3
Glenwood Springs CO 81601
RE: Elk Springs, Filing 6
Statement on lnstalled lnfrastructure
Dear Mark:
At your request, this letter is to document that the infrastructure installed to date on Filing 6
has been installed in accordance with the Preliminary Plat approval documents. This
statement supplements my previously-submitted correspondence concerning the remaining
infrastructure to be installed and the value of that remaining infrastructure.
I trust the above is sufficient for completing the necessary information for the Commissioners'
Final Plat approval. Please contact me if any additional information is required'
Sincerely,
SCHMUESER GORDON MEYER, INC.
SCHMUESER I GORDON I MEYER
ENGINEERS & SURVEYORS
DWG:lec/15O2C24
Fax: Greg Boecker, Owner's
Larry Green, Esq.
GLENWOC)D SPRINGS
I I8 W, 6TH, SUITE 2OO
GLENWOOD SPRINGS, CO 8 I 60 I
970-945- lOO4
Fx: 970-945-5948
945-6399
945-9769
ASPEN
P.O. BOX 2155
ASPEN,CO8I6I2
970-9?5-6727
FXi 970-925-4 I 57
Representative
Dean
e
n, P.E.
.i
t t !.-