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HomeMy WebLinkAbout5.0 Memo to BOCC 06.12.2017MEMORANDUM TO: Board of County Commissioners FROM: David Pesnichak, Senior Planner DATE: June 12, 2017 RE: Spring Valley Ranch — Amendment to Development Agreement and PUD Phasing Plan I. REQUEST The Applicant submitted an application in October 2016 requesting the following amendments to the Spring Valley Ranch PUD and Development Agreement as last modified in 2012 (excerpted from application): The Applicant is requesting modification of the Phasing schedule associated with both the approved PUD for Spring Valley Ranch by adding 5 years to the estimated start of construction dates. A 5 -year extension would mean that the last of 21 phases (Mountain Phase 11) would start construction by 2031. The PUD was approved under Resolutions 84-127 and amended through Resolution 94-135, 200-95, 2005-83, 2008-55, 2010-38 and 2012-95. Resolution 2012-95 recorded with Reception No. 828066 was the last approved resolution that amended the Phasing schedule and Phasing Map (Exhibits C and D) of the Resolution. In addition, a Development Agreement was executed as part of the PUD and associated with the filing of the Phase I Final Plat. The Development Agreement was first recorded on September 7, 2010 under reception No. 793248 and a first amendment was approved on November 13, 2012 recorded with Reception No. 828067. The Development Agreement "granted the developer certain vested rights for a period of no more than fifteen (15) years after the date of approval of the Phase 1 Final Plat." The Development Agreement allows for vested rights under the approved "Project Plans" for a period of 15 years. The 15 -year period began on the approval date the Phase I Final Plat which was September 7, 2010. From a timeline perspective, this would provide the developer until 2025 to complete the start of construction for all phases. The applicant would like to ensure that the timelines associated with the PUD as well as the Development Agreement coincide. Due to the economic downturn beginning in 2009 the market has not been able to absorb the number of units approved pursuant to the original phasing schedule. Accordingly, the applicant is seeking to extend the phasing schedule an additional five (5) years per phase to account for the changed market conditions. Currently the applicant is not seeking any other changes to the current approvals. The Development Agreement for Spring Valley Ranch PUD was established in October 2010 and amended in December 2012. As a result, the PUD is Vested under the Unified Land Use Resolution of 2008 (ULUR). To this end, Staff applied the procedural and criteria standards as is prescribed by the ULUR to this request 1 to amend the Development Agreement and PUD. In accordance with the ULUR, Staff determined the request to be 'No Substantial Modification' and as a result was processed as an Administrative Review application. To this end, the Applicant submitted an Administrative Review application to amend the PUD Phasing Plan for the Spring Valley Ranch PUD in October 2016. On February 27, 2017, the Director of the Community Development Department issued a Director's Determination of approval with conditions (See Exhibit 3 and Exhibit 4). Condition number two of the Determination requires that the Development Agreement and PUD Phasing Plan be signed and executed by the Chairman of the BOCC. This process is consistent with that followed to amend the Development Agreement and PUD Phasing Schedule in 2012. II. BOARD OF COUNTY COMMISSIONERS DISCUSSION & DECISION In accordance with the ULUR of 2008, amending the PUD Phasing Schedule requires an Administrative Review Land Use process. While the Community Development Director may issue an Administrative Review Directors Determination on the amended PUD Phasing Schedule application, final execution is required by the BOCC. In addition, amendment to the Development Agreement only requires action by the BOCC and does not require additional Land Use approval. To this end, Staff has prepared a Resolution for BOCC signature (See Exhibit 1) authorizing the Chairman of the Board to execute the amended Development Agreement (See Exhibit 2) and by signing the Resolution thereby authorizing the amendment to the PUD Phasing Schedule. 2 STATE OF COLORADO ) ss County of Garfield EXHIBIT 1 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 12th day of June A.D. 2017, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Jan Shute , Assistant County Attorney Kelly Cave , Assistant County Attorney (Absent). Jean Alberico , Clerk of the Board Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE AN AMENDMENT TO THE DEVELOPMENT AGREEMENT AND AUTHORIZE THE AMENDED PUD PHASING PLAN FOR THE SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT Recitals A. The Garfield County Community Development Department received a request for an Administrative Review of a Non -Substantial Amendment to the PUD Plan ("PUD Amendment") and an amendment to the approved Development Agreement for Spring Valley Ranch PUD ("Development Plan Amendment") (collectively the "Application"). The Application was submitted by owners of the property, Spring Valley Holdings LLC ("Applicant"). B. The Spring Valley Ranch PUD is an approximately 5,200 -acre tract of land located in Sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 33 and 34, T6S, R88W. The legal description of the property is included as Exhibit A. C. The subject property, zoned PUD, is located within unincorporated Garfield County approximately 5 miles east of Glenwood Springs off of County Road 115, also known as Red Canyon Road. D. The PUD is proposed to be developed in 10 Phases and 11 Mountain Phases. The PUD will include a variety of lots and parcels including Cabin Lots, Estate Lots, Ranch Lots, 1 Pasture Lots, Open Spacc Parcels, Light Industrial Parcels, a Fire Station, Emergency Access Roads, additional Right -of -Way Dedications for County Roads and for internal road circulation, Mountain Lots, Railroad Parcels, Workforce Housing Units, Village Center Parcels, Community Housing (CH) Units/Parcels and Utility Parcels. E. On June 7, 2010, the Board of County Commissioners (the "Board") approved Resolution No. 2010-38 titled "Restating and Correcting Resolution No. 2008-55 Concerned with the Approval of a Planned Unit Development Amendment Application Submitted by Spring Valley Development for Spring Valley Ranch Planned Unit Development." Resolution No. 2010- 38 affirmed the approval of the PUD, and corrected inadvertent clerical errors by including the legal description of the PUD, PUD Zone District Map. PUD Zone Districts Text and Design Standards, and PUD Phasing Plan. F. A Development Agreement between the Board and the Applicant was also approved on September 7, 2010, and recorded in the real property records of Garfield County as Reception No. 793248. Pursuant to the Development Agreement, Spring Valley Holdings LLC received a vested property right to undertake and complete development of the PUD, provided that the Board must approve all Final Plats for all Phases no later than 15 years after the date of approval of the Phase 1 Final Plat. G. The Board approved the Final Plat for Phase I of the Spring Valley Ranch PUD on September 7, 2010, which is recorded at Reception No. 793243. This filing did not create any additional developable lots but did create Open Space Parcels and created and conveyed the right- of-way for Highgrange Pass Road to the Spring Valley Ranch Community Master Association. H. On November 13, 2012, the Board approved Resolution No. 2012-95 titled "A Resolution Authorizing The Chairman of the Board Of County Commissioners to Execute an Amended Plat, and First Amendment to the Development Agreement Spring Valley Ranch Planned Unit Development and Authorizing the Execution of a Release of Subdivision improvements Agreement and Acknowledgement of Satisfaction and Direction to Treasurer Regarding the Treasurer's Deposit Agreements For Phase I Spring Valley Ranch P.U.D." I. The Director of the Community Development Department made a determination that the requested PUD Amendment and Development Plan Amendment were "non -substantial amendments" pursuant to the ULUR. As a result, the Application is subject to an Administrative Review in accordance with the Unified Land Use Resolution of 2008 as amended ("ULUR"). J. On February 27, 2017, the Director of the Community Development Department issued a Director's Determination approving with conditions a Non -Substantial PUD Amendment request pursuant to ULUR Section 6-201 (F). Notice of the Director's Decision as required by the UIIJR was completed and the reconsideration and call-up periods for the decisions have expired. The Director's Decision is now final and is attached as Exhibit B. 2 K. In accordance with the Director's Decision and conditions of approval, the purpose of this Resolution is to authorize the execution of the Amended and Restated Development Agreement Spring Valley Ranch Planned Unit Development to approve an Amended Spring Valley Ranch PIM Estimated Development Phasing Schedule attached hereto and incorporated herein as Exhibit C and Exhibit D. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. The forgoing Recitals are incorporated by this reference as part of the Resolution. 2. All prior approvals including plat notes, conditions of approval and representation of the Applicant, including but not limited to, those set forth in previous approval documents for the Spring Valley Ranch PUD, including Resolution 2010-38, Phase 1 Final Plat recorded at Reception No. 793243, First Amended Plat of Phase 1 recorded at Reception Number 828064 and Resolution 2012-95 shall remain in full force and effect except as specifically amended herein and on the Amended Final Plat. 3. The Chairman of the Board of County Commissioners is authorized to sign the Amended and Restated Development Agreement for the Spring Valley Ranch Planned Unit Development. 4. The PUD Development Phasing Schedule is superseded and replaced in its entirety with the Phasing Schedule attached hereto as Exhibit C and Exhibit D. 5. The findings and conditions contained in the Director's Decision attached as Exhibit B are incorporated by reference as part of this Resolution. Dated this day of , A.D. 20 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman 3 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye / Nay , Aye / Nay , Aye / Nay I, County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 4 EXHIBIT A (seven pages) LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY UNPLATTED PARCEL A A parcel of land located in Sections 14, 15. 16, 20, 21, 22, 23, 26, 27, 28, 29, 33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at the Northwest Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to the North Quarter Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence 5 88°15'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch GLO Brass Cap found in place said corner also being on the west line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'47" E 1047.99 feet continuing along the west line of said Section 16 to the southwest corner of a parcel of land described in Book 795, Page 980 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the boundary of said parcel described in Book 795, Page 980: 1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16; thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'20" W 344.80 feet continuing along the west line of said Section 16 to the Northwest Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet along the north line of said Section 16 to the North Quarter Comer of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'09" E 2637.87 feet continuing along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of said Section 15 to the North Quarter Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along the north line of said Section 15 to the west line of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place whence the northeast corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 89°59'36" E 1318.31 feet; thence 5 00°00'09" E 1312.36 feet along the west line of the NE1/4NE1/4 of said Section 15 to the southwest corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 89°55'46" E 1317.67 feet along the south line of the NE1/4NE1/4 of said Section 15 to the southeast corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 89°58'46" E 1320.64 feet along the north line of the 5 SW1/4NW1/4 of said Section 14 to the northeast corner of the SW1/4NW1/4 of said Section 14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W 1312.94 feet along the east line of the SW1/4NW1/4 of said Section 14 to the southeast corner of the SW1/4NW1/4 of said Section 14 being a 2 -inch Aluminum Cap (P.E.L.S, 5933); thence S 00°01'19" E 2647.58 feet along the east line of the W1/2SW1/4 of said Section 14 to the southeast corner of the W1/2SW1/4 of said Section 14 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 89°59'40" E 1318.39 feet along the north line of said Section 23 to the North Quarter Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°05'23" E 5277.46 feet along the east line of the W1/2 of said Section 23 to the South Quarter Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°00'49" W 5529.94 feet along the east line of the W1/2 of said Section 26 to the South Quarter Corner of said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°59'30" W 31.37 feet along the south line of said Section 26 to the North Quarter Corner of Section 35, T. 6 S., R. 88 W., 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°41'15" W 1292.34 feet along the south line of said Section 26 to the southeast corner of Lot 14 of said Section 26 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 00°21'37" E 372.49 feet along the east line of said Lot 14, Section 26 to the northeast corner of said Lot 14 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 89°53'31" W 1611.72 feet along the north line of said Lot 14 to the northwest corner of said Lot 14 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 00°00'14" W 525.17 feet along the west line of said Lot 14 to the Southwest Corner of said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°14'59" W 2647.44 feet along the south line of said Section 27 to the South Quarter Corner of said Section 27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to the northeast corner of the W1/2NW1/4 of said Section 34 being a 2 -inch Aluminum Cap (P.E.L.S. 5933) whence the Northwest Corner of said Section 34 being a 2 -1/2 -inch GLO Brass Cap found in place bears N 89°17'11" W 1319.72 feet; thence S 00°05'58" E a distance of 2353.81 feet to a point on the northerly right-of-way of Garfield County Road 115; thence the following three courses along the northerly right-of-way of said County Road 115: 1. thence 235.33 feet along the arc of a non tangent curve to the right having a radius of 639.07 feet, a central angle of 21°05'53", and the chord bears N 67°17'16" W a distance of 234.00 feet; 2. thence N 56°44'19" W a distance of 393.81 feet; 3. thence 166.52 feet along the arc of a tangent curve to the left having a radius of 310.00 feet, a central angle of 30°46'36", and the chord bears N 72°0T37" W a distance of 164.52 feet; thence departing said Garfield County Road 115 the following seven courses along the boundary of OSR Parcel B as platted on the Spring Valley Ranch PUD - Phase 1, Final Plat recorded as Reception No. 793243 in the records of the office of the Garfield County Clerk & Recorder: 1. thence N 10°35'55" W a distance of 486.06 feet; 2. thence S 84°55'34" W a distance of 105.09 feet; 3. thence S 18°16'05" W a distance of 277.25 feet; 4. thence 128.21 feet along the arc of a tangent curve to the right having a radius of 239.00 feet, a central angle of 30°44'06", and the chord bears S 33°38'08" W a distance of 126.67 6 feet; 5. thence S 49°00'11" W a distance of 87.00 feet; 6. thence 161.49 feet along the arc of a tangent curve to the left having a radius of 179.00 feet, a central angle of 51°41'28", and the chord bears S 23°09'27" W a distance of 156.07 feet; 7. thence 43.89 feet along the arc of a tangent curve to the left having a radius of 25.00 feet, a central angle of 100°35'00", and the chord bears S 52°58'47" E a distance of 38.47 feet to a point on said northerly right-of-way of County Road 115; thence along said northerly right-of-way 112.13 feet along the arc of a non tangent curve to the right having a radius of 2141.07 feet, a central angle of 03°00'02", and the chord bears S 78°13'44" W a distance of 112.12 feet; thence departing said northerly right-of-way the following seven courses along the boundary of OSR Parcel A as platted on said Spring Valley Ranch PUD - Phase 1, Final Plat: 1. thence 37.62 feet along the arc of a non tangent curve to the left having a radius of 25.00 fcct, a central angle of 86°13'00", and the chord bears N 36°37'15" E a distance of 34.17 feet; 2. thence 231.47 feet along the arc of a tangent curve to the right having a radius of 239.00 feet, a central angle of 55°29'26", and the chord bears N 21°15'28" E a distance of 222.53 feet; 3. thence N 49°00'11" E a distance of 87.00 feet; 4. thence 96.02 feet along the arc of a tangent curve to the left having a radius of 179.00 feet, a central angle of 30°44'06", and the chord bears N 33°38'08" E a distance of 94.87 feet; 5. thence N 18°16'05" E a distance of 251.36 feet; 6. thence S 84°55'34" W a distance of 393.45 feet; 7. thence S 16°02'33" W a distance of 630.62 feet to a point on said northerly right-of-way of County Road 115; thence the following thirty courses along the northerly right-of-way of said County Road 115: 1. thence 168.86 feet along the arc of a non tangent curve to the right having a radius of 2141.07 feet, a central angle of 04°31'07", and the chord bears S 89°13'00" W a distance of 168.81 feet; 2. thence 159.12 feet along the arc of a tangent curve to the right having a radius of 170.00 feet, a central angle of 53°37'43", and the chord bears N 61°42'35" W a distance of 153.37 feet; 3. thence 460.26 feet along the arc of a tangent curve to the right having a radius of 699.53 feet, a central angle of 37°41'54", and the chord bears N 16°02'47" W a distance of 452.01 feet; 4. thence N 02°48'10" E a distance of 238.01 feet; 5. thence 429.79 feet along the arc of a tangent curve to the left having a radius of 912.82 feet, a central angle of 26°58'38", and the chord bears N 10°41'09" W a distance of 425.83 feet; 6. thence N 24°10'27" W a distance of 644.62 feet; 7. thence 504.76 feet along the arc of a tangent curve to the left having a radius of 809.79 feet, a central angle of 35°42'49", and the chord bears N 42°01'52" W a distance of 7 496.63 feet; 8. thence N 59°53'17" W a distance of 459.39 feet; 9. thence 167.17 feet along the arc of a tangent curve to the right having a radius of 370.00 feet, a central angle of 25°53'11", and the chord bears N 46°56'42" W a distance of 165.75 feet; 10. thence N 34°00'06" W a distance of 1152.91 feet; 11. thence 1191.15 feet along the arc of a tangent curve to the right having a radius of 2377.42 feet, a central angle of 28°42'24", and the chord bears N 19°38'54" W a distance of 1178.73 feet; 12. thence 245.56 feet along the arc of a tangent curve to the left having a radius of 430.00 feet, a central angle of 32°43'14", and the chord bears N 21°39'19" W a distance of 242.24 feet; 13. thence 376.29 feet along the arc of a tangent curve to the right having a radius of 1361.75 feet, a central angle of 15°49'57", and the chord bears N 30°05'57" W a distance of 375.10 feet; 14. thence N 22°10'58" W a distance of 307.62 feet; 15. thence 580.97 feet along the arc of a tangent curve to the left having a radius of 654.56 feet, a central angle of 50°51'15", and the chord bears N 47°36'36" W a distance of 562.09 feet; 16. thence N 73°02'14" W a distance of 636.67 feet; 17. thence 351.46 feet along the arc of a tangent curve to the right having a radius of 766.12 feet, a central angle of 26°17'03", and the chord bears N 59°53'42" W a distance of 348.38 feet; 18. thence N 46°45'10" W a distance of 235.64 feet; 19. thence 181.70 feet along the arc of a tangent curve to the left having a radius of 407.41 feet, a central angle of 25°33'14", and the chord bears N 59°31'47" W a distance of 180.20 feet; 20. thence N 72°18'24" W a distance of 432.60 feet; 21. thence 264.71 feet along the arc of a tangent curve to the right having a radius of 420.00 feet, a central angle of 36°06'40", and the chord bears N 54°15'04" W a distance of 260.35 feet; 22. thence 202.78 feet along the arc of a tangent curve to the right having a radius of 933.47 feet, a central angle of 12°26'47", and the chord bears N 29°58'2F' W a distance of 202.38 feet; 23. thence N 23°44'57" W a distance of 73.66 feet; 24. thence 691.16 feet along the arc of a tangent curve to the left having a radius of 1111.34 feet, a central angle of 35°38'00", and the chord bears N 41°33'57" W a distance of 680.07 feet; 25. thence N 59°22'57" W a distance of 217.30 feet; 26. thence 332.51 feet along the arc of a tangent curve to the left having a radius of 930.00 feet, a central angle of 20°29'08", and the chord bears N 69°37'31" W a distance of 330.75 feet; 27. thence N 79°52'05" W a distance of 452.89 feet; 28. thence 416.54 feet along the arc of a tangent curve to the right having a radius of 5288.82 8 feet, a central angle of 04°30'45", and the chord bears N 77°36'43" W a distance of 416.43 feet; 29. thence 250.87 feet along the arc of a curve to the right having a radius of 5288.82 feet, and a central angle of 02°43'04", and the chord bears N 73°59'48" W a distance of 250.84 feet; 30. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said Section 20 whence the southeast corner of a parcel of land recorded under reception number 467225 in the office of the Garfield County Clerk and Recorder being a 2 -inch Aluminum Cap (P.E.L.S. 5933) and accepted as a point on the east line of said Lot 4 bears S 01°51'02" W 9.41 feet; thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast corner of said Lot 4 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of said Section 20 to the northwest corner of said Lot 3 being a 2 -inch Aluminum Cap (P.E.L.S. 5933) whence the Southwest Corner of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place bears S 00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said Section 20 to the West Quarter Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the Northwest Corner of said Section 20 being the POINT OF BEGINNING containing 5199.81 acres more or less, prior to the following excepted parcel: EXCEPTING THE FOLLOWING PARCEL: A parcel of land being the Northwest Quarter of the Southwest Quarter of Section 15, Township 6 South Range 88 West, of the Sixth Principal meridian, said parcel being further described as follows: Beginning at the West Quarter corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place, thence N 89°5F07" E 1323.59 feet along the North line of the NW 1 /4S W 1 /4 of said Section 15 to the northeast corner of the NW 114SW 1 /4 of said Section 15; thence S 00°01'49" E 1540.50 feet along the East line of the NW1/4SW1/4 of said Section 15 to the Southeast Corner of the NW1/4SW1/4; thence S 89°58'25" W 1323.59 feet along the south line of the NW1/4SW1/4 of said Section 15 to the southwest corner of the NW1/4SW1/4 of said section 15; whence the Southwest Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 00°01'49" E 1537.70 feet; thence N 00°01'49" W 1537.70 feet along the west line of the NW1/4SW1/4 of said section 15 to the northwest corner of the NW1/4SW1/4 of said section 15 being the POINT OF BEGINNING containing 46.76 acres more or less. The total area minus the exception is 5,153.05 acres more or less. ALONG WITH UNPLATTED PARCEL B: A parcel of land located in Section 33, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at a point on the south line of the NE Quarter of said Section 33 whence the East Quarter Comer of said Section 33 bears S 88°27'45" E a distance of 628.51 feet; thence N 9 88°27'45" W a distance of 305.90 feet; thence N 26°06'27" W a distance of 780.49 feet; thence N 19°01'26" W a distance of 1341.54 feet; thence N 20°15'05" E a distance of 552.69 feet to a point on the southerly right-of-way line of Garfield County Road 115; thence the following six courses along the southerly right-of-way of said County Road 115: 1. thence S 59°53'17" E a distance of 303.82 feet; 2. thence 467.36 feet along the arc of a tangent curve to the right having a radius of 749.79 feet, a central angle of 35°42'49", and the chord bears S 42°01'52" E a distance of 459.83 feet; 3. thence S 24°10'27" E a distance of 644.62 feet; 4. thence 401.54 feet along the arc of a tangent curve to the right having a radius of 852.82 feet, a central angle of 26°58'38", and the chord bears S 10°41'09" E a distance of 397.84 feet; 5. thence S 02°48'10" W a distance of 238.01 feet; 6. thence 420.16 feet along the arc of a tangent curve to the left having a radius of 759.53 feet, a central angle of 31°41'42", and the chord bears S 13°02'41" E a distance of 414.82 feet to a point on the northerly right-of-way line of Garfield County Road 114; thence the following two courses along the northerly right-of-way of said Garfield County Road 114: 1. thence 326.77 feet along the arc of a tangent curve to the right having a radius of 270.00 feet, a central angle of 69°20'35", and the chord bears S 05°46'46" W a distance of 307.19 feet; 2. thence S 40°27'03" W a distance of 99.05 feet; to the point of beginning containing 37.08 acres more or less. ALONG WITH UNPLATTED PARCEL C: A parcel of land located in Sections 33 and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at the Quarter Corner common to said Sections 33 and 34 being a 2 -inch Aluminum Cap (P.E.L.S 5933) thence N 88°27'45" W a distance of 551.40 feet along the south line of the NE1/4 of said Section 33 to a point on the southerly right-of-way of Garfield County Road 114; thence along the southerly right-of-way of said Garfield County Road 114 the following two courses: 1. thence N 40°27'03" E a distance of 70.18 feet; 2. thence 388.21 feet along the arc of a tangent curve to the right having a radius of 470.00 feet, a central angle of 47°19'32", and the chord bears N 64°06'49" E a distance of 377.27 feet to a point on the southerly right-of-way of Garfield County Road 115; thence the following four courses along the southerly right-of-way of said Garfield County Road 115: 1. thence 766.87 feet along the arc of a tangent curve to the left having a radius of 2201.07 feet, a central angle of 19°57'44", and the chord bears N 77°47'43" E a distance of 763.00 feet; 2. thence 241.93 feet along the arc of a tangent curve to the right having a radius of 250.00 feet, a central angle of 55°26'50", and the chord bears S 84°27'44" E a distance of 232.60 feet; 10 3. thence S 56°44'19" E a distance of 393.81 feet; 4. thence 270.44 feet along the arc of a tangent curve to the left having a radius of 699.07 feet, a central angle of 22°09'54", and the chord bears S 67°49'16" E a distance of 268.75 feet to a point on the east line of the W1/2NW1/4 of said Section 34; thence S 00°05'58" E a distance of 50.95 feet along the east line of the W1/2NW1/4 of said Section 34 to the southeast corner of the W1/2NW1/4 of said Section 34 being a 2 -inch aluminum cap (P.E.L.S 5933); thence S 89°51'39" W a distance of 1389.27 feet along the south line of the W1/2NW1/4 of said Section 34 to the point of beginning containing 10.95 acres more or less. The combined area of the above described three parcels excluding the exception parcel is 5201.08 acres more or less. LEGAL DESCRIPTION FOR PHASE 1 OF SPRING VALLEY RANCH P.U.D. The following parcels as platted on the Spring Valley Ranch PUD — Phase 1, Final Plat recorded as Reception No. 793243 in the records of the office of the Garfield County Clerk & Recorder: • Lot P1 • OSP Parcel -A • OSP Parcel -B • OSR Parcel -A • OSR Parcel -B • Highgrange Pass Right -of -Way 11 EXHIBIT B (16 pages) Iriviirfield County COMMUNITY DEVELOPMENT 1011 fiKFi� tivp, Suite 401, (flem�wdy�.�nge COCOMMUNITY DEVEWPMENT I"ighih Strcel, Suite Cilcnuoo�d tipnnEN. C O 81601 rel: (070)945-8212, Fax 101)384-M0 February 27, 2017 Karl J. Hanlon, Esq, Karp Neu Hanlon, P.C. PO Drawer 2030 Glenwood Springs, CO 81602 DIRECTOR DETERMINATION - Spring Valley Ranch - Vested Rights and Phasing Plan Amendment -- Spring Valley Holdings. LLC - Garfield County File Numbers PUAA-10-16-8493 Dear Mr. Hanlon; 'f his letter is being provided to you in regard to a General Administrative Review Application for a Minor Amendment to the Vested Rights and Phasing Schedule for the Spring Valley Ranch PUD The request is to allow an additional 5 years to develop each subsequent phase of the development and amend the Development Agreement and PUD Phasing Schedule as described in attached Exhibits 1 and 2. The Director's Determination on the Application is based on the following findings and subject to the Applicant's representations and conditions of approval. 1. That proper public notice was provided as required for the Administrative Review PUD Amendment. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2006, as amended. 12 A Director's Decision is hereby issued approving the Application with the following conditions. Conditions of Approval: 1, AH representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 2, The amended and approved Development Agreement and PUD Phasing Schedule shall be signed by the Board of County Commissioners in a Public Meeting, This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. According to the Land Use and Development Code, Section 4-112(A). "a call-up may be initiated by the BOCC, the Director, the Applicant, or any affected Adjacent Property Owner." Should this time period pass with no request for review or public hearing, the decision shall be final. Please contact this department if you have any questions. Sin ower, AICP Di ector of Community Development Department C: Board of County Commissioners file 13 SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE Pheee Phase 1 Phase 2 Phase 3 Phase 4 Elements 0 Cabin Lots L Estate Lots 0 Ranch Lots ~ 1 Pasture Lots 1 Sales Office 1 Gate House 4 Open Space Parcels 20 Cabin LotS 26 I=state Lois 9 Ranch Lots — 0 Pasture Lots 4 Open Space Parcels 1 1 ight InduStnai Parcel r Fire Station in accordance with the regu rernents of the AHJ Emergency Access Road extendeo along the alignment of Highgrange Pass to the Landis Creek entrance at CR 115 in accordance with the requirements of the AH3 CRI 14 Improvements From Road Centerline Station 160+00 as depicted on Sheet R41 of Exhibit 26 near CMC to the Main Project Entrance 21 Cabin LOIS 39 Estate Lots 11 Ranch Lots - 0 Pasture Lots 1 Mountain Lot 1 RR Parcel 2 Open Spate Parcels 8 Cabin Lots 0 Estate LotS 0 Ranch Lots 0 Pastoral ots 20 Workforce Housing Units 4 V4Iaae Censer Parcels 3 Open Space ParcOS Estimated Start of Construction April 2011 Connpleuon by Apr 20t t4prii 2A=;2022 depending on economic and marketing conditions April J04-1 ilusugh Apri1-44 1$ Completion pit Mill 2023. depending on economic and marketing condlions Aor+t 2011 Ihrougla (r(rpleliQo }py Pig+il 2024 depending on economic and marketLng conditions Estimated Completion of Construction November 2011 20 Months after start of Construction 20 Months after Sian of Construction 20 Months after Start of Construction 14 Phase Phase 5 Phase 6 Phase 7 Phase 8 Elemonte 48 Cabin Lola 7 Estate Lots 14 Ranch Lots 0 Pasture Lots 10 CH Units 2 CH Parcels 3 Offen Space Parcels Emergency Access Roads extended along the alignments of Ouray Trail end Seprnaro Trail to Highgrenge Pass in accordance with the requirements of the AHJ 2?. Cabin Lots 34 Estate Lots 18 Ranch Lots 0 Pasture Lots 1 Utility Parcel 24 CH Units 1 CH Parcels 3 Open Space Parcels CR 115 improvements. From CR 114 to the Landis Creek Entrance to the Project 13 Cabin Lots 24 Estate Lots 1 RE Parcel 16 Ranch Lots 0 Pasture Lots 20 CH Units 2 Open Space Parcels 0 Caber. Lots 8 Estate Lot 26 Ranch Lots 0 Pasture Lots 21 CH Units 1 CH Parcels 0 Utiilly Parcel 0 Open Space Parcols Emergency Access Roads extended along the alignments of Red Cliff Loop 10 Highgrange Pass in accordance with the requ:rements of the AHJ CR 114 tmprovements From the End of the Phase 2 Improvoments near CMC to the Intersection with State Hwy 82 Estimated Start of Construction Ap 4-2412 ihroIrgh Apr: 2021 C4rnotetton by AAnI 2025 depending on economic and marketing conditions Afod eR12-Ara igt- Apn4-2022Corripletinn by A1uii ?Val depending on economic and marketing conditions A13r4124"v 12 through April -2023 t-,r)inpl rlinn pv h}rel 2325 depending on economic and marketing conditions A ri 2C-4.24-iF GU h ApnL?-674 Cr ies Flinn t v Apra 2Q2t depending on economic and marketing conditions Estimated Completion of Construction _ 20 Months after Start of Construolion 20 Months after Stad of Construction 20 Months after Start of Construction 20 Months after Start of Construction 15 Phase Phase 9 Phase 10 Elements 0 Cabin Lots 0 Estate Lots 15 Ranch Lots 0 Pasture Lots 1 Open Space Parcel 0 Utility Parcels 0 Cabin Lets 0 Estate Lots 6 Ranch Lots 0 Pasture Lots 0 Open Space Parcel Estimated Start of Construction Aprr1•2013 through Annl 202b .:i etion b' Argil 2025 Depending on economic and marketing conditions Apel -&o 13 Uuougn April 2026 C:omoetion by April 2C2`r Depending on economic and marketing conditions Estimated Completion of Construction 20 Montns afro: Stari of Construction 20 Months after Start of Construction Mountain Phase 1 Mountain Phase 2 Mountain Phase 3 Mountain Phase 4 Mountain Phase 5 11 Mountain Lots Emergency Access Road through Mountain Phase 2 & 3 and down Landis Creek (see Note 2) 11 Maunta: n Lots 10 Mountain Lots 15 Mountain Lots 1 utility Piece! 16 Mountain Lots Apr4-2011 tlhougri April 'i`} 1 a omtair.:trrn by Arm! 2623 depending on economic and marketing condll;ons Apwl !- 04r-Girgr+ Apel 21714 Corriole tion by April depending on economic and marketing conditions alsrii zes� c[irwgr. Apr4 2020 [.ornulet'on by Foil 2025 depending on economic and marketing conditions Agni401 i t irv.+gr. 404402% comoleth0rl by April 2025 depending on economic and marketing conditions Aprri-2 .1 01447044gh 444022 Completion by Apru 2Q2� depending on economic and marketing conditions 20 Months after Start of Construction 20 Months after Stan of Construction 20 Months after Start of Construction 20 Months after Stan of Construction 17 Months after Start of Construction 16 Phase Mountain Phase 6 Mountain Phase 7 Mountain Phase 8 Mountain Phase 9 Mountain Phase 10 Mountain Phase 11 Elements 6 Mountain Loss 5 Mo ntain Lots 3 Mountain Lots 3 Mountain 1 ots 3 Mountain Lots 8 Mountain Lots Estimated Start of Construction Aprt:241-ithro:rgh Aer.42.92-3 Goinglegoii by Atlrtl 2.025 depending on economic and marketing conditions Apr+: -20i ough App: -2024 Completion to April 2025 depending on economic and marketing conditions Apri:.204 - .rwgla CQn70letl�r r,',I by. April V025 depending on economic and marketing conditions Ae4+:201t^ c�rgh April 2026 C 0 nnteti0n hy- Atrr l l 2025 depending on economic and marketing conditions Aoril 2012-thro,igh kind -2,026 Connotation by Aprtl 2025 depending on economic and marketing conditions April 1044 thro,rgh Apr,l-2926 Conlotellon t y cin 2025 depending on economic and marketing conditions Estimated Completion of Construction 20 Months atter Mart of Construction 20 Months after Sari of Construction 20 Mon:)ts after SIAn of Consttuctron 20 Months after Start of Construction 20 Months after Start of Construction 17 Months after Stan of Construction L Ncte 1 The emergency access road must meet the apps cable minimum standards of the International Fre Code and the design must bo acceptable to the Glenwood Springs Fire Department Note 2. The w i k1orce housing units may be pieced into other phases provided that the parcel in which the units are to be pieced is platted and work force housing is a permitted use Mho the zone district of the parcel 17 EXHIBIT I 2- AMOI) i) ANI) 1tESTATE1111EVELOPMENT AGREEMENT SPRING VALLEY KANC.11 PLANNED LYNIT 1H:VELOPMEN'T TFIIS ACiIK1 r,MENT. is made and tinlercd into between the HOARD OF COUNTY COMMISSIONERS OF TiIl', COUNTY OF CARf11:l-D, a body pulitie and corporate (the "County"), SPRING VALLEY I1O1.1)INGS. TLC. a Delaware Limited Liability Company 1"i)ev'eloper"), and SPRING VALI,L•.Y RANO! COMMUNITY MASTER ASSOCIATION, INC.., a C'otoradu twit -profit corporation {:he "I-(OA").11re County, Developer. and the 1IOA may henirutfler he relayed to collectively as the "Parties". LNITNESSFTH: A. Developer is the owner of certain real property located in Garfield County, Colorado. more particularly described in Exhibit 1 ("Developer: Pr pt r y"). The 1 IOA is the owner of certain real property located in Garfield County, Colorado. more particularly described in Exhibit 2 ("110A Property"). which property [vas conveyed to the 110A by Developer for the purposes described in the Project flans (defined 1.6ow). the Developer's Property and 11()A 1'rnl+crty arc collectively referred to as the "Property." 13. Ry Resolution No. 2008.55. which was approved in ra public hearing before the Garfield ['runty' Bard of County Commissioners on December 7, 2007 and menwrialifed in a Resolution signed. on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747015, and corrected by Resolution No. 2010-38, the Garfield County Board of County Commissioners (the "Boars') approved the Spring Valley Ranch Planned Unit Development (the ':SVR PUD".). Thc SVR 1't?U contemplates residential and commercial uses with significant active and passive open space areas (the. "Project"), as documented in Resolution 2010-38. recorded in the real property records of Garfield County as Reception No 786992 and incorporated by this reference, C. By Resolution No. 2008-56. which was approved in a public hearing heton the Garfield County Board of ('aunty Commissioners on December 7, 2007 and memorialized in u Resolution signed on April 21, 2008. recorded in the real property records of Garfield ['[aunty as Reception No. 747016. the Board approved the Preliminary Flan for the SYR PUD (the "SN/It Preliminary Plan"). Resolution No. 2012-05. which was arinroseJ ut a L+blit hulling beiirre the Garfield ( orally Board of (:Matt} Comma+sioi}CIS on November i3, 2012. 1114.Deveagpment lgrcrrncnl vj jlntrntiCcl to inch* 21 iika.ycs. dates v+l correction. and tltc !I[.),�lsrttpcn+ clCscritu ion, {}1„ The SVR PhD and SVR Preliminary Plan contemplate eleven-(-l-F-)twenty-enc 121? separate phases ofdevelopment For the Project, wherein each phase will require final plat approval, fhe SVR PL11) arid SVR Preliminary Plan provide that the lirst phase of development of the Project will consist of one parcel (P -I) owned by Developer, on which is 1 18 61 113" pue ,{IJapJo Kg pauas sliauaq allgnd oto 111!A% aay1a30) 'luautaaa v 941 {q paleidtualuory tiluno� aqI 01 S11)auaq J31110 pue sulauay 9ulo iv0J alp a0' A yaxa 11 1 •luauiaaJ-R51 c!1.11 pug sur.Id laalU M :+lll Ut papinnad stl u011aldule?� aletlnlln 01 paaowci , 1J3dtud 3111 Jo lualndnla•►ap ;op Sa1Ugtnssr. Wit •{Ilio pal.tnddns ag tiro S1uatuisa,ull yanti ••(luno;) alp put' ,{1Jaduld atl1.10 spaau alp m..os Him lfaitpn 'u2ll0Jd aq1 apispul put', :nlaadnld aqi uo yloq •saillpaul a!'gnd pUi sluaLU3At_+Jdtu! aJnlantismII1 III s1uftosnt11 irnurisgns uiiihu 0slr. 1iI"0 .{uatfo.id alp Ju luatudn'ama(a "?1.1' 1 plie alIllBlti aq).1n sasadJild putt ti1C09 at11 anntyas atlnuayl0 pus •+(tunn3 alit uitp! ► tpmsulf aituaucaaa amp' tilos •ssaaoad asn putt' mp ti! .(1I1l4tl3s pue {IuielJaa a1L11f11s►sitiaa aansua 'gaols 9u!5natI Ju AusJatlp aloulnid 'Dards uadn pug s1 'l wea01ugis pu!Atud Turd AAlsuayaadtua).{lune.) Plmpg!) a41 u1 pawls sivtl9 plus salai1nci aq1 1.11!.+► aaurp.mar ul IlM0J9 pauueld 1Iaan 'rilJapau Jed aplAOJd 1I!,tt (, sutt'd 13a1nJe1„ 3111 ' Ianilaal1e►a) Ina014.1 341,Io s,1'sayd 5110pU:► 2111.10j pa.toadde pal' Imp quid It:ull ainllty y3ns pnx '1711; 11101:1 1 asullel 'usld Xieu!unlaJd 21AS 'C.I: id BIAS 1411 yll,tt aaurpi0Dan uI {1Jad0Jd 341 J0 Iwauldnlana(I '*I`f -saea,C (.() aaayl urgi .Iap .1l spo iad Jul luatudoIanap •(1Jadeatclio `.'Yu11Sa.i J03 :laipl,uud s.latimopur' yjlA+ sivatuav'Re luowdol ►tap alai Java 0) K1Una.) ail aeilotliall Pits `t1! .lay' polo's SasoctInd 3111 a31JEAp1.' nl J•1pJo ul g tj iClJadiJet palsaA'n luatuysiiquisa :1111 Jul pp!A01d 1.11l'1 x41 Pu y1)'has 13 101-S9-hZ §§ - 5•».� ]nar15 f aad�d ,also -f`i dill 3411) (i)Z,Oc-I I -109 1:3S pur (rl(p)zo1 -89-t § •S W 711 paUljapSl IIIJaI ttlyl stl, tlrtid luatud0la%au aiJiaadS alfS rsonipsuoa illi! leu';' 1 asryd ayl Islip saufuualap pun spoil Aunt.) 311j 'LAM' atilt 114)0Z.lea tinilnlasali'"11 purl {11"03 pla'aup atI1tin SoE-5 uollaasp sluauiaunh:u ail 01 plenum! pug 'Atli' .Sy i►,uinhaJ ss litipum; allgnd pur 3311011 nue 'tuaui .L V Iuauldtt'a,sa(] sly' a,►oiddn vl icanbaJ at i pug 1Rld ie41l:I I asetid ay1 Jo 1r3Aojdd1: iOj u0Iiea1ldde alit pa•+0adda pne paaap15u0a seg •{lune+..} 1t3e0Jdde Iau!J Jnl Neon aql aJlllaq 1uld jou! 4 1 • Wild aq1 iglinnaq 'yl1.At:u q 4isnuauwndtualuu3 •yeq pue usnsualx,-i pono.uir,ly ayl ^q PaMOIje P17'"4 am!) at;1 11! mid 1E11!•1 1 381(1 alit in.{luno,) 341 Kg ie:►oadde ail] JQI Ilnlle''llddU alldtuoa a pallttugns andnl�n•'C1 ltt •(„uolsua)x•.I panOaddN,, a4l) TI (el P' :1 1 astnl,i ;NI Jnl u0llea!Idde lie ljaIgns a0 isx►fc►id ay' J0 ltlauu1Oip.ap aauauttuoa 01 Jadolaaau Jtl3 Jea{ (I) alio um U01U 1011,10 u0lsualxa lie poitoiddr pneoll all] 'soot ' I Z )C111f pa31:P 'U0110W •{� �i (.,011r1 tU collt.I„ al -11)11U Ind! •I 1 mietid ay1 to vencutld[!�O 91rp pip .1111K S.IIMA t S I) uaa}ti WILD JIM 011 paArkiddu adu i:tal'oJrl ayi au sasuyd 11e Jl?l sled Ieuu ayl lllyl 'Ja•►aMoq'p.•1pintud '(,,111 1 Igu!.1 1 ase4d., alp) I asrgd Jo laid ittuil 1741;o Ii *. dde JIi any 31'1 Un pm; Cl pseud pm Jill U0ilanitsuua.itl iJ>'ls 2111 leyi sapi40ad (Ind SAS 3111. !luno) 111 lir stuatudolaAap Jayu! J1l1 5111:tpaaid Aim •Cato? .10 p11a.l 10u sa+P 111111 UUt11i111!C Ieniat:J pnhltin u sltiasa1efaJ 1nsltun331'Ina +iyl imp vilueoar4 JadnpA:i(l u111 pili {:lrin3):1y.f."quit Puma:Ail fawn dun. `aluld1t01un:1 lnu sop 1 asuild Pun 'weld 1Ou •.arrp Jadolany(1 'iu 1 :slid.,' tiivatua.wJdwa .{rA►.CJitla pautu}I pur sands undo Jo slsiclina 4'!'1.' Voll ayl pun'1iu1111u111amP 9Iili`:I'0 1111 paih.O1 planned development of the I'ropert}'. Developer desires to receive vested property rights in the Project Plans in accordance with this Agreement. 1V. In addition. and notwithstanding tate iirrcgoing recitals, in light of the current difficulties and volatility of the national housing and lending market. it may not he prudent for Developer tea undertake the large expenditures of funds necessary to continence development of Phase 2 and subsequent pliatics within the time frame set forth in the Phasing Plan. to the event Developer decides not in commence development of phases subsequent to Phase 1 within the tints frame set forth in the Phasing Plain or otherwise does riot comply with the Phasing Plutc, I/in eloper seeks the aunty's assurance that it vv ill undertake the procedures necessary to return the Property to its prior configuration and rezone the Propert,v from P111) to a zone district that wets is the requirements of law. In such (nent. Developer limiter seeks the 1l()A's assurance that it will re - convey the 1100 Property hack to F)evclope:r for the purpose of effectuating the return or the Property to its prior ccrnfigaration. 4;0, 'lice mutual promises, covenants. and obligations contained in this Agreement are authorized by the statutes of the Stale of Colorado and the laws of the County. NOW, THI:RP ORF. in consideration of the promises cited above and the mutual covenants and promises contained herein, the .sufficiency of wlciclt is acknowledged, the County and Developer agree as follows: incorporation of Recitals. The Parties agree that the aforesaid recitals are true and correct, and thou recitals are hcrcb) incorporated into the body of this Agrceincnt. '. General Provisions. (a) Scope 'I he terms and conditions of this Agreement shall apply 10 the Property. (h) Phasing. Construction cif the Project is anticipated At occur in up to eleven (4 I Mist. r1[� rbc l.' I } phases, with Phase i being Ilse initial phase of the Project, .arid construction ofsuhse:yirerel phases occurring in accordance with the Phasing Plan set forth in the SVR PI; D. 3. Vesting r►! Certain Properly Right N. The County and Developer herchy agree that Developer shall have a vested property right ti the extent provided in this Agreement to undertake and complete development and use of the Property . (ul Intent of Venting System_ 1 he vesting .system set forth in this flection 3 balances the County's ohligatinn to protect the public health. safety and wellies of the community and its desire to facilitate the Mistiest quality development with Developer's private property tights and Developer's need to rely on County approvals to achieve all economically viable project. (b) overview of I'rsIin,� System. 20 (i) 'Nature of Veiled Rights. During the term of vested rights set forth in Section 3(d) below. Developer will have the right to deselnp uses at such densities and in the general locations on the Property described in the approved Project Plans. Upon C'annty approval ()luny future final plats that are approved for the various phases of the Project. such plats shall automatically be entitled to the same vested rights as have been granted herein fax the sante period of vesting which remains under this Agreement. pc) Rights Thal Are Rested. The rights identified herein or as may hereafter he acquired by operation of any state or local vested property rights law shah constitute vested prtgwr > rights under this Agreement anal :hull not he taken by ihe County without just compensation. 1 hese rights include the following: (i) No Downzoning. l'hc maximum number of residential dwelling units and acres liar residential use. and the total grass acres for aeon-residential iv - , as set beth iri the Project Plans fare hereby vested. (ii) Uses, Densities and Locutions. The right to develop the Property in accordance with the uses, densities. and general locations set birth in the Project Plans is hereby vested. I iii ) Site Development Standards. 'lllc right to develop the Property in accordance with the deign standards, development standards. and terms and conditions set lirrttt in the Pik jest Plants and the resolutions of the Road approving the same is hereby vested. (iv) tuning of Development The right to eummenee and complete development of the Property at such time in such order and at such rate as .set Forth in the Phasing Plait of the SVR PUD. ibis provisinn of this Agreement supersedes any County rules or regulations that require development to be commenced or completed in any spccilic time frame, 01 Subsequent Approvals. The right to receive all County approvals itc.t:ess,try lir development of the Project provided that subsequent final plat submittals or application: few other appnn,als comply with this Agreement and the -Project flans. and all applicable standards and rcgululiurns, including then-current duly-adopted. generally applicable regulations. (vi) Site Specific Development Plan. 1; to the matters vested tinder Ill is Agreement and the Project Plans, iiiciutline any future Iinal plats that are approved by the County for the various pilaw!, of the Project. shall he considered a site- specific development phut for the purjmse' 411-the Statute and Seeliins 1-201 and I- 202 of the 1.1:R. The following staletner}t is provided to satisfy the requirements of Section 4-502(1I)(2) of the LUIt: 1pprmvtl el this plat ..small create 0 vested property right pursuant to article 68 e+l rdla' ?a, f ' R. S. as ctnn•ncie.4 4 21 (d) Term of Vested Rights. in recognition of the sirs of the Project contemplated by this Agreement and the Project Plans, the time required to complete the Project. the need to proceed in phases. and varying economic cycles and ntarkel conditions likely to occur during the course of development of the Prnicct, the County agrees that the: rights identified as vested rights in this Section 3 shall be vested for a period of fifteen. (1 51 years from the effective date oldie Guunty's approval of this Agreement. ley Adoption.:Votrce and Effective Date- 1'he ('aunty has adapted this Development Agreement its a legislative act subject to relercndttin. as required by C,R.S § 24.68-104(2). As set forth in and required by C.RS. $ 24-68-10 t(0, .within l4 days from the date hereof. the County. s11adI cause to he published in a neN sp aper of general circulation within the County, a notice advising the general public oldie approval cafihe Phase 1 Final Plat asst Site Specific Development flan and the creation of vested property rights pursuant to this Development Agreement and C.R.S. §y 24-68-101 et. seq. I'hc effective date of the County's approval of this Development Agreement shall be the date of said publication. 1, No Obligation to Develop. Notwithstanding, anything to the eonuary contained in thirc ment and the Project Plans, Developer shall have no obligation to develop till or any portion n1 -flit' Prooperty. except as set forth in the Subdivision Improvements Agreement for Phase 1 as the same may he amended. It the event l}rvcluper dues not commence development of Phase 2 within the time frame set forth in the Phasing flan and described below, the 1crttts ol•thia Section t shall apply. (a) In accordance with the Phasing flan, the date for start of construction for Phase I shall be April 2414. 'I hercforc. according to the Phasing Plan. the start of construction for Phase 2 must commence by April + rt='. (b) At any time before April I. NI -1- O22. the 1)r.ve;tarpernr.ay notify the ('aunty incl the 1IOA of its intent not 10 proceed with the development of l'haSe 2 and subsequent phases. In such event. the Developer may withdraw the Project Plans in accordance with the procedure in Section 12-103(1) °lithe LIR. tie) In the :alternative. the County and Developer agree that tate Developer r shall be in vu'tation of the Phasing Phut on April 1, 2F --2O22 ifthe OevclnNr docs nut lilt with the County an application for approval ofa final plat for Phase 2 un or before March 31, 201-7202Z. by notice to the Developer and the HOA. (d) As soon as practicable alter the effective date of the withdrawal of the Project Plans described in Section 41 h) above. or the violation of the Phasing Plan described in Section 4(c) above, the Developer may undertake and the ( coolly will consider the procedures necessary to re;Iurtl the Property to the configuration that existed prior to the. approval of the Phase 1 Final Plat, in accordance with the procedures. set forth in 30.28- 134. C.R.S. and Section 12-106 nft.he 1.1?R. As parr of Such process and immediately upon request of the Developer, the 1IDDA shall convey the HOA Prupcily eu De\ eloper, by good ;and sufficient general warranty deed. tree and ielear of all liens and encumbrances. Concurrently therewith; if requested by the Developer. the County shall undertake the procedures necessary, to rezone the Property from Pl`.1) to a rxsnc district that meets the 5 22 requirements of low, Nothing in this Agreement shall be construed to require any particular action by the BOC(' on any such rezoning request. (e) Completion of the procedures described in Section 4 b) and (d) ahove, including, any, appeals thereof, shall constitute a forfeiture of the vested rights set lbrth in this Agreement. In such event, the County may memorialize the forfeiture of the vested rights set forth in this Agreement by resolution or other appropriate vehicle. in such event, the Developer waives any right to notice and hearing pursuant in Section 12.103(F) and waives all rights pursuant to Section 12-107 of the 11 R. () In addition to undertaking the procedures set forth in this Section 4, the County reserves all of its rights, including but not limited to rights of enliircenient, at law or in equity with respect to the Project Plans, and including but not limited Ea the right [0 enforce the terms of this Agreement or forfeit the rights conferred by this Agreement in accordance with IAw. I-xccpl ars expressly set firth i n this Section 4, the Developer rescrs es add of itc rights at raw or .0 equity with respect to the Project Plans and tiny action oldie County with respect thereto, including but not limited to the right to enforce the terms of this Agreement. 5. Severabttiryy, if arty provisions or parts of this Agreement are judged Unenforceable or invalid, to the extent practicable. such judgment shall not affect. impair. or invalidate the remaining parts of this Agreement, the intention being that the various parts and provisions hereof are severable, b. Recording of Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder at Developer's expense and shall he a covenant running with and against all the property, property rights, anti improvements contained within the Property described in Exhibits 1 and 2. in corder to but prospective owners, purchasers, successors, assigns, and others acquiring any interest in the Property on notice as to the terms and obligations herein. 7, Binding Effect. Unless otherwise provided herein, this Agreement shall he binding upon Developer's heirs, successors, assigns, transferees. and any other person or entity acquiring or purchasing any interest in any of the Property. 8. Notice. Any notice to Developer or the County, which may he given under the terms of this Agreement, shall he in writing and shall be deemed sufficiently given when sent certified U.S. Mail and first elass mail. postage prepaid, addressed as follows: TO DEVELOPER: Spring Valley Holdings, 1..1,C Attn: Steppe.ie_IiminermanDunmel-Fiolellmerg Seligman 'Wcstcrn Enterprises, Ltd. One Iownt tittunre; Suite 1913 Southfield. MI 0076 Phone: ?+i8-341-4876 fi 23 ('00Mhmmgomer-y Street.-10M-IzIoew S+fln .0. C'A 9 11-1 ,1 Pl at-41s:f x?r.2-1,1Rw �rtt TO TIIE. HOA: Spring Valley Ranch Community Master Association, Inc. Aut: 1Anm=. Daoial-(461b• P.O. Box 1146 4000 County Road I 1 S Glenwood Springs, CO 81602 Phone: .14- 8.2889 TO THE COUNTY: Garfield County Board o1'County Commissioners Attn: Comantnrity Development Director 108 I-.iehth Street, Suite 401 Glenwood Spring, CO 81601 Phone: 970.945.8212 Fax: 970.384.3470 The Parties shall provide notice of any change in the above-rcferentcd information. 9. Applicable Law. this Agreement shall be construed and enforced in accordance with the laws ot'the State otColnr tdt, 10. Coualerparts. This Agreement may be executed in counterparts, each of which will constitute one and the same instrument. IN W1 ;11.45 V►'►-II:14E01'. curl avrecing to be fully bound by he temp: t this Agreement, the Parties burg aa:> their Kurd. 414:1um m this — day of .... DEVELOPER: SPRING VALLLY I IOLDINGS, LLC, a Delaware Limited Liability Company By: Name: Its: 7 24 A'r PEST: By: Clerk of the Board ASSOCIATION: SPRING VALLEY RANCII COMMUN! FY MASTER ASSOCIATION, INC., a Colorado non-profit corporation Name. Its: COI :KATY: By: Name: Its; Chairman 8 25 Ex i Min 1 VELOPER's PitOpERTN" 1 _riot hu!cnt inchidc(1 in the vcq, c1,-1,001 26 EMIR KIT 2 MA PROPERTY • €)SP Parcel A • OSP Parcel 14 • OSR Parcel A • (ISR Parcel 8 of Phase I, Spring Valley Ranch PUD, Garfield County Colorado, according to the Amended Plat thereof filed with the Garfield County Recorder as Reception No. 828064 10 27 EXHIBIT C (4 pages) SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Elements Estimated Start of Construction - Estimated Completion of Construction - Phase 1 0 Cabin Lots April 2011 November 2011 0 Estate Lots 0 Ranch Lots 1 Pasture Lots 1 Sales Office 1 Gate House 4 Open Space Parcels Phase 2 20 Cabin Lots Completion by April 2022 depending on economic and marketing conditions 20 Months after Start of Construction 26 Estate Lois ' 9 Ranch Lots ' 0 Pasture Lots - 4 Open Space Parcels 1 Light Industrial Parcel Fire Station in accordance with the requirements of the AHJ Emergency Access Road extended along the alignment of Highgrange Pass to the Landis Creek entrance at CR 115 in accordance with the requirements of the AHJ CR114 improvements: From Road Centerline Station 160+00 as depicted on Sheet R41 of Exhibit 26 near CMC to the Main Project Entrance Phase 3 21 Cabin Lots 1 Completion by April 2023 depending on economic and marketing conditions 20 Months after Start of Construction + 39 Estate Lots 17 Ranch Lots 0 Pasture Lots 1 Mountain Lot 1 RR Parcel 2 Open Space Parcels Phase 4 8 Cabin Lots Completion by April 2024 depending on 20 Months after Start of Construction 0 Estate Lots 0 Ranch Lots - 0 Pasture Lots economic and marketing conditions 20 Workforce Housing Units 4 Village Center Parcels 1 3 Open Space Parcels 28 Phase Phase 5 1 Phase 6 Phase 7 Phase 8 Elements 48 Cabin Lots 7 Estate Lots 14 Ranch Lots 0 Pasture Lots 10 CH Units 2 CH Parcels 3 Open Space Parcels Emergency Access Roads extended along the olignrnents of Ouray Trail and Sapinero Trail to Highgrange Pass in accordance with the requirements of the AHJ 22 Cabin Lots 34 Estate Lots 18 Ranch Lots 0 Pasture Lots 1 Utility Parcel 24 CH Units 1 CH Parcels 3 Open Space Parcels CR 115 Improvements: From CR 114 to the Landis Creek Entrance to the Project 13 Cabin Lots 24 Estate Lots 1 RE Parcel 16 Ranch Lots 0 Pasture Lots 20 CH Units 2 Open Space Parcels 0 Cabin Lots 8 Estate Lots 26 Ranch Lots 0 Pasture Lots 21 CH Units 1 CH Parcels 0 Utility Parcel 0 Open Space Parcels Emergency Access Roads extended along the alignments of Red Cliff Loop to Highgrange Pass in accordance with the requirements of the AHJ CR 114 Improvements From the End of the Phase 2 Improvements near CMC to the Intersection with State Hwy 82 Estimated Start of Construction Completion by April 2025 depending on economic and marketing conditions Completion by April 2025 depending on economic and marketing conditions Completion by April 2025 depending on economic and marketing conditions Completion by April 2025 depending on economic and marketing conditions Estimated Completion of Construction 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction 29 Phase Elements Estimated Start of Construction Estimated Completion of Construction Phase 9 0 Cabin Lots Completion by April 2025 Depending on economic and marketing conditions 20 Months after Start of Construction 0 Estate Lots 15 Ranch Lots 0 Pasture Lots 1 Open Space Parcel 0 Utility Parcels Phase 10 0 Cabin Lots_ Completion by April 2025 Depending on economic and marketing conditions 20 Months after Start of Construction 0 Estate Lots 6 Ranch Lots 0 Pasture Lots 0 Open Space Parcel , Mountain Phase 1 11 Mountain Lots Completion by April 2023 depending on economic and marketing conditions 20 Months after Start of Construction Emergency Access Road through Mountain Phase 2 & 3 and down Landis Creek (see Note 2) Mountain Phase 2 11 Mountain Lots Completion by April 2024 depending on economic and marketing conditions 20 Months after Start of Construction Mountain Phase 3 10 Mountain Lots Completion by April 2025 depending on economic and marketing conditions 20 Months after Start of Construction Mountain Phase 4 15 Mountain Lots • Completion by April 2025 depending on economic and marketing conditions 20 Months after Start of Construction 1 Utility Parcel Mountain Phase 5 16 Mountain Lots Completion by April 2025 depending on economic and marketing conditions 17 Months after Start of Construction Mountain Phase 6 6 Mountain Lots Completion by April 2025 depending on economic and marketing conditions 20 Months after Start of Construction Mountain Phase 7 5 Mountain Lots Completion by April 2025 depending on economic and marketing conditions 20 Months after Start of Construction 30 Phase Mountain Phase 8 Mountain Phase 9 Mountain Phase 10 Mountain Phase 11 Elements 3 Mountain Loth 3 Mountain Lots 3 Mountain Lots 8 Mountain Lots Estimated Start of Construction Completion by April 2025 depending on economic and marketing conditions Completion by April 2025 depending on economic and marketing conditions Completion by April 2025 depending on economic and marketing conditions Completion by April 2025 depending on economic and marketing conditions Estimated Completion of Construction 20 Months after start of Construction 20 Months after Start of Construction 20 Months after Start of Construction 17 Months after Start of Construction Note 1: The emergency access road must meet the applicable minimum standards of the International Fire Code and the design must be acceptable to the Glenwood Springs Fire Department Note 2: The workforce housing units may be placed into other phases provided that the parcel in which the units are to be placed is platted and work force housing is a permitted use within the zone district of the parcel. 31 EXHBIT D Phasing Map E01011 0 MUM 010 SVRING YW.EY iANCH P,U.D. .kms .11k.IrrK .. 1 •r \\---) OUT A Full Size Copy is Available for Review at the Building and Planning Office and is Recorded with the Garfield County Clerk and Recorder at Reception No. 828065 32 AMENDED AND RESTATED DEVELOPMENT AGREEMENT SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT EXHIBIT lz THIS AGREEMENT, is made and entered into between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the "County"), SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company ("Developer"), and SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION, INC., a Colorado non-profit corporation (the "HOA"). The County, Developer, and the HOA may hereinafter be referred to collectively as the "Parties". WITNESSETH: A. Developer is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 1 ("Developer's Property"). The HOA is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 2 ("HOA Property"), which property was conveyed to the HOA by Developer for the purposes described in the Project Plans (defined below). The Developer's Property and HOA Property are collectively referred to as the "Property." B. By Resolution No. 2008-55, which was approved in a public hearing before the Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747015, and corrected by Resolution No. 2010-38, the Garfield County Board of County Commissioners (the "Board") approved the Spring Valley Ranch Planned Unit Development (the "SVR PUD"). The SVR PUD contemplates residential and commercial uses with significant active and passive open space areas (the "Project"), as documented in Resolution 2010-38, recorded in the real property records of Garfield County as Reception No. 786992 and incorporated by this reference. C. By Resolution No. 2008-56, which was approved in a public hearing before the Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747016, the Board approved the Preliminary Plan for the SVR PUD (the "SVR Preliminary Plan"). D. By Resolution No. 2012-95, which was approved in a public hearing before the Garfield County Board of County Commissioners on November 13, 2012, the Development Agreement was amended to include 21 phases, dates of completion, and the HOA property description. E. The SVR PUD and SVR Preliminary Plan contemplate twenty-one (21) separate phases of development for the Project, wherein each phase will require final plat approval. F. The SVR PUD and SVR Preliminary Plan provide that the first phase of development of the Project will consist of one parcel (P-1) owned by Developer, on which is 1 located an existing dwelling unit, and the HOA Property, which consists of open space and limited entryway improvements ("Phase 1"). Developer does not plan, and Phase 1 does not contemplate, any new dwelling units. The County and the Developer recognize that this configuration represents a unique factual situation that does not create or imply any precedents for other developments in the County. G. The SVR PUD provides that the start of construction for each phase is based on the date of approval of the final plat for Phase 1 (the "Phase 1 Final Plat"); provided, however, that the final plats for all phases of the Project are approved no later than fifteen (15) years after the date of approval of the Phase 1 Final Plat (the "Phasing Plan"). H. By motion, dated July 21, 2008, the Board approved an extension of not more than one (1) year for Developer to commence development of the Project or submit an application for the Phase 1 Final Plat (the "Approved Extension"). I. Developer submitted a complete application for the approval by the County of the Phase 1 Final Plat in the time period allowed by the Approved Extension and has, contemporaneously herewith, brought the Phase 1 Final Plat before the Board for final approval. The County has considered and approved the application for approval of the Phase 1 Final Plat and the request to approve this Development Agreement, after notice and public hearing as required by law, and pursuant to the requirements of Section 5-305 of the Garfield County Land Use Resolution of 2008 (the "LUR"). The County finds and determines that the Phase 1 Final Plat constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68- 102(4)(a) and Section 1-202(B) of the LUR. J. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the "Statute") and the LUR provide for the establishment of vested property rights in order to advance the purposes stated therein, and authorize the County to enter into development agreements with landowners providing for vesting of property development for periods greater than three (3) years. K. Development of the Property in accordance with the SVR PUD, SVR Preliminary Plan, Phase 1 Final Plat, and such future final plats that are approved for the various phases of the Project (collectively, the "Project Plans") will provide for orderly, well planned growth in accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide significant trails and open space, promote diversity of housing stock, ensure reasonable certainty and stability in the land use planning process, stimulate economic growth within the County, and otherwise achieve the goals and purposes of the Statute and LUR. L. Development of the Property will also require substantial investments in infrastructure improvements and public facilities, both on the Property and outside the Property, which will serve the needs of the Property and the County. Such investments can be supported only with assurances that development of the Property can proceed to ultimate completion as provided in the Project Plans and this Agreement. M. In exchange for the foregoing benefits and other benefits to the County contemplated by this Agreement, together with the public benefits served by orderly and well 2 planned development of the Property, Developer desires to receive vested property rights in the Project Plans in accordance with this Agreement. N. In addition, and notwithstanding the foregoing recitals, in light of the current difficulties and volatility of the national housing and lending market, it may not be prudent for Developer to undertake the Targe expenditures of funds necessary to conunence development of Phase 2 and subsequent phases within the time frame set forth in the Phasing Plan. In the event Developer decides not to commence development of phases subsequent to Phase 1 within the time frame set forth in the Phasing Plan or otherwise does not comply with the Phasing Plan, Developer seeks the County's assurance that it will undertake the procedures necessary to return the Property to its prior configuration and rezone the Property from PUD to a zone district that meets the requirements of law. In such event, Developer further seeks the HOA's assurance that it will re - convey the HOA Property back to Developer for the purpose of effectuating the return of the Property to its prior configuration. O. The mutual promises, covenants, and obligations contained in this Agreement are authorized by the statutes of the State of Colorado and the laws of the County. NOW, THEREFORE, in consideration of the promises cited above and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the County and Developer agree as follows: 1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true and correct, and those recitals are hereby incorporated into the body of this Agreement. 2. General Provisions. (a) Scope. The terms and conditions of this Agreement shall apply to the Property. (b) Phasing. Construction of the Project is anticipated to occur in up to twenty- one (21) phases, with Phase 1 being the initial phase of the Project, and construction of subsequent phases occurring in accordance with the Phasing Plan set forth in the SVR PUD. 3. Vesting of Certain Properly Rights. The County and Developer hereby agree that Developer shall have a vested property right to the extent provided in this Agreement to undertake and complete development and use of the Property. (a) Intent of Vesting System. The vesting system set forth in this Section 3 balances the County's obligation to protect the public health, safety and welfare of the community and its desire to facilitate the highest quality development with Developer's private property rights and Developer's need to rely on County approvals to achieve an economically viable project. (b) Overview of Vesting System. 3 (i) Nature of Vested Rights. During the term of vested rights set forth in Section 3(d) below, Developer will have the right to develop uses at such densities and in the general locations on the Property described in the approved Project Plans. Upon County approval of any future final plats that are approved for the various phases of the Project, such plats shall automatically be entitled to the same vested rights as have been granted herein for the same period of vesting which remains under this Agreement. (c) Rights That Are Vested. The rights identified herein or as may hereafter be acquired by operation of any state or local vested property rights law shall constitute vested property rights under this Agreement and shall not be taken by the County without just compensation. These rights include the following: (i) No Downzoning. The maximum number of residential dwelling units and acres for residential use, and the total gross acres for non-residential uses, as set forth in the Project Plans are hereby vested. (ii) Uses, Densities and Locations. The right to develop the Property in accordance with the uses, densities, and general locations set forth in the Project Plans is hereby vested. (iii) Site Development Standards. The right to develop the Property in accordance with the design standards, development standards, and terms and conditions set forth in the Project Plans and the resolutions of the Board approving the same is hereby vested. (iv) Timing of Development. The right to commence and complete development of the Property at such time in such order and at such rate as set forth in the Phasing Plan of the SVR PUD. This provision of this Agreement supersedes any County rules or regulations that require development to be commenced or completed in any specific time frame. (v) Subsequent Approvals. The right to receive all County approvals necessary for development of the Project provided that subsequent final plat submittals or applications for other approvals comply with this Agreement and the -Project Plans, and all applicable standards and regulations, including then -current duly -adopted, generally applicable regulations. (vi) Site Specific Development Plan. As to the matters vested under this Agreement and the Project Plans, including any future final plats that are approved by the County for the various phases of the Project, shall be considered a site- specific development plan for the purposes of the Statute and Sections 1-201 and 1- 202 of the LUR. The following statement is provided to satisfy the requirements of Section 4-502(H)(2) of the LUR: Approval of this plan shall create a vested property right pursuant to article 68 of title 24, C.R.S. as amended. 4 (d) Term of Vested Rights. In recognition of the size of the Project contemplated by this Agreement and the Project Plans, the time required to complete the Project, the need to proceed in phases, and varying economic cycles and market conditions likely to occur during the course of development of the Project, the County agrees that the rights identified as vested rights in this Section 3 shall be vested for a period of fifteen. (15) years from the effective date of the County's approval of this Agreement. (e) Adoption, Notice and Effective Date. The County has adopted this Development Agreement as a legislative act subject to referendum, as required by C.R.S. § 24-68-104(2). As set forth in and required by C.RS. § 24-68-103(c), within 14 days from the date hereof, the County shall cause to be published in a newspaper of general circulation within the County, a notice advising the general public of the approval of the Phase 1 Final Plat as a Site Specific Development Plan and the creation of vested property rights pursuant to this Development Agreement and C.RS. §§ 24-68-101 et. seq. The effective date of the County's approval of this Development Agreement shall be the date of said publication. 4. No Obligation to Develop. Notwithstanding anything to the contrary contained in this Agreement and the Project Plans, Developer shall have no obligation to develop all or any portion of the Property, except as set forth in the Subdivision Improvements Agreement for Phase 1 as the same may be amended. In the event Developer does not commence development of Phase 2 within the time frame set forth in the Phasing Plan and described below, the terms of this Section 4 shall apply. (a) In accordance with the Phasing Plan, the date for start of construction for Phase 1 shall be April 2014. Therefore, according to the Phasing Plan. the start of construction for Phase 2 must commence by April 2022. (b) At any time before April 1, 2022, the Developer may notify the County and the HOA of its intent not to proceed with the development of Phase 2 and subsequent phases. In such event, the Developer may withdraw the Project Plans in accordance with the procedure in Section 12-103(E) of the LUR. (c) In the alternative, the County and Developer agree that the Developer shall be in violation of the Phasing Plan on April 1, 2022 if the Developer does not file with the County an application for approval of a final plat for Phase 2 on or before March 31, 2022, by notice to the Developer and the HOA. (d) As soon as practicable after the effective date of the withdrawal of the Project Plans described in Section 4(b) above, or the violation of the Phasing Plan described in Section 4(c) above, the Developer may undertake and the County will consider the procedures necessary to return the Property to the configuration that existed prior to the approval of the Phase 1 Final Plat, in accordance with the procedures set forth in 30-28- 139, C.R.S. and Section 12-106 of the LUR. As part of such process and immediately upon request of the Developer, the HOA shall convey the HOA Property to Developer, by good and sufficient general warranty deed, free and clear of all liens and encumbrances. Concurrently therewith, if requested by the Developer, the County shall undertake the procedures necessary to rezone the Property from PUD to a zone district that meets the 5 requirements of law. Nothing in this Agreement shall be construed to require any particular action by the BOCC on any such rezoning request. (e) Completion of the procedures described in Section 4(b) and (d) above, including any appeals thereof, shall constitute a forfeiture of the vested rights set forth in this Agreement. In such event, the County may memorialize the forfeiture of the vested rights set forth in this Agreement by resolution or other appropriate vehicle. In such event, the Developer waives any right to notice and hearing pursuant to Section 12-103(F) and waives all rights pursuant to Section 12-107 of the LUR. (f) In addition to undertaking the procedures set forth in this Section 4, the County reserves all of its rights, including but not limited to rights of enforcement, at law or in equity with respect to the Project Plans, and including but not limited to the right to enforce the terms of this Agreement or forfeit the rights conferred by this Agreement in accordance with law. Except as expressly set forth in this Section 4, the Developer reserves all of its rights at law or in equity with respect to the Project Plans and any action of the County with respect thereto, including but not limited to the right to enforce the terms of this Agreement. 5. Severability. If any provisions or parts of this Agreement are judged unenforceable or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the remaining parts of this Agreement, the intention being that the various parts and provisions hereof are severable. 6. Recording of Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder at Developer's expense and shall be a covenant running with and against all the property, property rights, and improvements contained within the Property described in Exhibits 1 and 2. in order to put prospective owners, purchasers, successors, assigns, and others acquiring any interest in the Property on notice as to the terms and obligations herein. 7. Binding Effect. Unless otherwise provided herein, this Agreement shall be binding upon Developer's heirs, successors, assigns, transferees, and any other person or entity acquiring or purchasing any interest in any of the Property. 8. Notice. Any notice to Developer or the County, which may be given under the terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent certified U.S. Mail and first class mail, postage prepaid, addressed as follows: TO DEVELOPER: Spring Valley Holdings, LLC Attn: Stephanie Zimmerman Seligman Western Enterprises, Ltd. One Towne Square, Suite 1913 Southfield, MI 48076 Phone: 248-351-4876 6 TO THE HOA: Spring Valley Ranch Community Master Association, Inc. c b VAC P t3 es.) 1wta.v►lay cue -3 a • .. lb. Ai . r 140� }}►r) . ILak[ 1 v►�'• Phone: TO THE COUNTY: Garfield County Board of County Commissioners Attn: Community Development Director 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Phone: 970.945.8212 Fax: 970.384.3470 The Parties shall provide notice of any change in the above -referenced information. 9. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado 10. Counterparts. This Agreement may be executed in counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement, the Parties have set their hands below on this day of , 2017, DEVELOPER: SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company B • Name: 5 anie M. Zimmerman Its: LLC Manager 7 ATTEST: By: Clerk of the Board HOA: SPRING VALLEY RANCH COMMUNI'T'Y MASTER ASSOCIATION Name: Its: "�7 e)/ef1� /tee+r-ixtie- aPA COUNTY: By: Name: Its: Chairman 8 EXHIBIT 1 DEVELOPER'S PROPERTY 9 LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY A parcel of land located in Sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at the Northwest Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence 5 88'16'08" E 2627.19 feet along the north line of said Section 20 to the North Quarter Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88015'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch GLO Brass Cap found in place said comer also being on the west line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'47" E 1047.99 feet continuing along the west line of said Section 16 to the southwest corner of a parcel of land described in Book 795, Page 980 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the boundary of said parcel described in Book 795, Page 980: 1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16; thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°0I'20" W 344.80 feet continuing along the west line of said Section, 16 to the Northwest Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet along the north line of said Section 16 to the North Quarter Comer of said Section 16 being a 2-1/2 inch OLO Brass Cap found in place; thence N 89057'09" E 2637.87 feet continuing along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of said Section 15 to the North Quarter Comer of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along the north line of said Section 15 to the west line of the NEI/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place whence the northeast corner of said Section 15 being a 2-1/2 inch OLO Brass Cap found in place bears S 89°59'36" E 1318.31 feet; thence S 00°00'09" E 1312.36 feet along the west line of the NEI /4NE 114 of said Section 15 to the southwest corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 89°55'46" E 1317.67 feet along the south line of the NE 1/4NE1/4 of said Section 15 to the southeast comer of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 89°58'46" E 1320.64 feet along the north line of the SW1/4NW1/4 of said Section 14 to the northeast corner of the SW1/4NW1/4 of said Section 14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence 5 00001'34" W 1312.94 feet along the cast line of the S W 1 /4NW 114 of said Section 14 to the southeast corner of the SW 1/4NW 114 of said Section 14 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence S 00°01'19" E 2647.58 feet along the east line of the W1/2SW1/4 of said Section 14 to the southeast corner of the W 1/2SW 114 of said Section 14 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence S 89°59'4W E 1318.39 feet along the north line of said Section 23 to the North Quarter Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°05'23" E 5277.46 feet along the cast line of the W1/2 of said Section 23 to the South Quarter Comer of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence 5 00000'49" W 5529.94 feet along the east line of the W1/2 of said Section 26 to the South Quarter Comer of said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°59'30" W 31.37 feet along the south line of said Section 26 to the North Quarter Corner of Section 35, T. 6 S., R. 88 W., 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place; thence $ 84°41'15" W 1292.34 feet along the south line of said Section 26 to the southeast corner of Lot 14 of said Section 26 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence N 00°21'37" E 372.49 feet along the east line of said Lot 14, Section 26 to the northeast corner of said Lot 14 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence N 89°53'31" W 1611.72 feet along the north line of said Lot 14 to the northwest comer of said Lot 14 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence S 00'00'14" W 525,17 feet along the west line of said Lot 14 to the Southwest Comer of said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°14'59" W 2647.44 feet along the south line of said Section 27 to the South Quarter Corner of said Section 27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to the northeast corner of the W1/2NW1/4 of said Section 34 being a 2-inch Aluminum Cap (P.E.L.S. 5933) whence the Northwest Comer of said Section 34 being a 2-1/2-inch GLO Brass Cap found in place bears N 89°17'11" W 1319.72 feet; thence S 00°05'58" E a distance 012353.81 feet to a point on the northerly right-of-way o Garfield County Road 115; thence the following three courses along the northerly right-of-way of said County Road 115: 1. thence 235.33 feet along the arc of a non tangent curve to the right having a radius of 639.07 feet, a central angle of 21°05'53", and the chord bears N 67°17'16" W a distance of 234.00 feet; 2. thence N 56°44'19" W a distance of 393.81 feet; 3. thence 166.52 feet along the arc of a tangent curve to the left having a radius of 310.00 feet, a central angle of 30°46'36", and the chord bears N 72°07'37" W a distance of 164.52 feet; thence departing said Garfield County Road 115 N 10°35'55" W a distance of486.06 feet; thence S 84°55'34" W a distance of 563.88 feet; thence S 16°02'33" W a distance of 630.62 feet to a point on the northerly right-of-way of said Garfield County Road 115; thence the following thirty courses along the northerly right-of-way of said County Road 115: 1. thence 168.86 feet along the arc of a non tangent curve to the right having a radius of 2141.07 feet, a central angle of 04°31'07", and the chord bears S 89°13'00" W a distance of 168.81 feet; 2. thence 159.12 feet along the arc of a tangent curve to the right having a radius of 170.00 feet, a central angle of 53°37'43", and the chord bears N 61°42'35" W a distance of 153.37 feet; 3. thence 460.26 feet along the arc of a tangent curve to the right having a radius of 699.53 feet, a central angle of 37°41'54", and the chord bears N 16°02'47" W a distance of 452.01 feet; 4. thence N 02°48'10" E a distance of 238.01 feet; 5. thence 429.79 feet along the arc of a tangent curve to the left having a radius of 912.82 feet, a central angle of 26°58'38", and the chord bears N 10°41'09" W a distance of 425.83 feet; 6. thence N 24°10'27" W a distance of 644.62 feet; 7. thence 504.76 feet along the arc of a tangent curve to the left having a radius of 809.79 feet, a central angle of 35°42'49", and the chord bears N 42°01'5T' W a distance of 496.63 feet; 8. thence N 59°53'17" W a distance of 459.39 feet; 9. thence 167.17 feet along the arc of a tangent curve to the right having a radius of 370.00 feet, a central angle of 25°53'11", and the chord bears N 46°56'42" W a distance of 165.75 feet; 10. thence N 34°00'06" W a distance of 1152.91 feet; 11. thence 1191.15 feet along the arc of a tangent curve to the right having a radius of 2377.42 feet, a central angle of 28°42'24", and the chord bears N 19°38'54" W a distance of 1178.73 feet; 12. thence 245.56 feet along the arc of a tangent curve to the left having a radius of 430.00 feet, a central angle of 32°43'14", and the chord bears N 21°39'19" W a distance of 242.24 feet; 13. thence 376.29 feet along the arc of a tangent curve to the right having a radius of 1361.75 feet, a central angle of 15°49'57", and the chord bears N 30°05'57" W a distance of 375.10 feet; 14. thence N 22°10'58" W a distance of 307.62 feet; 15. thence 580.97 feet along the arc of a tangent curve to the left having a radius of 654.56 feet, a central angle of 50°51'15", and the chord bears N 47°36'36" W a distance of 562.09 feet; 16. thence N 73°02'14" W a distance of 636.67 feet; 17. thence 351.46 feet along the arc of a tangent curve to the right having a radius of 766.12 feet, a central angle of 26°17'03", and the chord bears N 59°53'42" W a distance of 348.38 feet; 18. thence N 46045'10" W a distance of 235.64 feet; 19. thence 181,70 feet along the arc of a tangent curve to the left having a radius of 407.41 feet, a central angle of 25°33'14", and the chord bears N 59°31'47" W a distance of 180.20 feet; 20. thence N 72°18'24" W a distance of 432.60 feet; 21. thence 264.71 feet along the arc of a tangent curve to the right having a radius of 420.00 feet, a central angle of 36°06'40", and the chord bears N 54°15'04" W a distance of 260.35 feet; 22. thence 202.78 feet along the arc of a tangent curve to the right having a radius of 933.47 feet, a central angle of 12'26'47", and the chord bears N 29°58'21" W a distance of 202.38 feet; 23. thence N 23°44'57" W a distance of 73.66 feet; 24. thence 691.16 feet along the arc of a tangent curve to the left having a radius of 1111.34 feet, a central angle of 35°38'00", and the chord bears N 41°33'57" W a distance of 680.07 feet; 25. thence N 59°22'57" W a distance of 217.30 feet; 26. thence 332.51 feet along the arc of a tangent curve to the left having a radius of 930.00 feet, a central angle of 20°29'08", and the chord bears N 69°37'31" W a distance of 330.75 feet; 27. thence N 79°52'05" W a distance of 452.89 feet; 28. thence 416.54 feet along the arc of a tangent curve to the right having a radius of 5288.82 feet, a central angle of 04'30'45", and the chord bears N 77°36'43" W a distance of 416.43 feet; 29. thence 250.87 feet along the arc of a curve to the right having a radius of 5288.82 feet, and a central angle of 02°43'04", and the chord bears N 73°59'4S" W a distance of 250.84 feet; 30. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said Section 20 whence the southeast corner of a parcel of land recorded under reception number 467225 in the office of the Garfield County Clerk and Recorder being a 2 -inch Aluminum Cap (P.E.L.S. 5933) and accepted as a point on the east line of said Lot 4 bears S O1°51'02" W 9.41 feet; thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast corner of said Lot 4 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of saki Section 20 to the northwest corner of said Lot 3 being a 2 -inch Aluminum Cap (P.E.L.S. 5933) whence the Southwest Comer of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S, 27929) found in place bears S 00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said Section 20 to the West Quarter Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the Northwest Comer of said Section 20 being the POINT OF BEGINNING containing 5198.85 acres more or less, prior to the following excepted parcel: EXCEPTING THE FOLLOWING PARCEL: Section 15 Exception: A parcel of land being the Northwest Quarter of the Southwest Quarter of Seceion 15, Township 6 South Range 88 West, of the Sixth Principal meridian, said parcel being further described as follows: Beginning at the West Quarter corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place, thence N 89°51'07" E 1323.59 feet along the North line of the NW 1/4SWll4 of said Section 15 to the northeast corner of the NW1/4SW 114 of said Section 15; thence 5 00°01'49" E 1540.50 feet along the East line of the NW1/4SW1/4 of said Section 15 to the Southeast Corner of the NW 1 /4S W 114; thence 5 89°58'25" W 1323.59 feet along the south line of the NW l /4S W 114 of said Section 15 to the southwest corner of the NW l /4SW 114 of said section 15; whence the Southwest Corner of said Section 15 being a 2-112 inch GLO Brass Cap found in place bears S 00°01'49" E 1537.70 feet; thence N 009)1'49" W 1537.70 feet along the west line of the NW1/4SW1/4 of said section 15 to the northwest comer of the NW 1/4SW 1/4 of said section 15 being the POINT OF BEGINNING containing 46.76 acres more or less. The total area minus the exception parcel is 5,152.09 acres more or less. ALONG WITH: a 88 West, Sixth A parcel of land located in Sections 33 and 34, Township 6 South, Rang Principal Meridian being more particularly described as follows: Beginning at the Quarter Corner common to said Sections 33 and 34 being a 2 -inch Aluminum Cap (P.E.L.S 5933) thence N 88°27'45" W a distance of 551.40 feet along the south line of the NE1/4 of said Section 33 to a point on the southerly right-of-way of Garfield County Road 114; thence along the southerly right-of-way of said Garfield County Road 114 the following two courses: 1. thence N 40°27'03" E a distance of 70.18 feet; 2. thence 388.21 feet along the arc of a tangent curve to the right having a radius of 470.00 feet, a central angle of 47°19'32", and the chord bears N 64°06'49" E a distance of 377.27 feet to a point on the southerly right-of-way of Garfield County Road 115; thence the following four courses along the northerly right-of-way of said Garfield County Road 115: 1. thence 766.87 feet along the arc of a tangent curve to the left having a radius of 2201.07 feet, a central angle of 19°57'44", and the chord bears N 77°47'43" E a distance of 763.00 feet; 2. thence 241.93 feet along the arc of a tangent curve to the right having a radius of 250.00 feet, a central angle of 55°26'50", and the chord bears S 84°27'44" E a distance of 232.60 feet; 3. thence S 56°44'19" E a distance of 393.81 feet; 4. thence 270.44 feet along the arc of a tangent curve to the left having a radius of 699.07 feet, a central angle of 22°09'54", and the chord bears S 67°49'16" E a distance of 268.75 feet to a point on the east line of the W 112NW 114 of said Section 34; thence S 00005'58" E a distance of 50.95 feet along the east line of the W112NW 114 of said Section 34 to the southeast corner of the W 112NW 114 of said Section 34 being a 2 -inch aluminum cap (P.E.L.S 5933); thence S 89°51'39" W a distance of 1389.27 feet along the south line of the W 112NW 114 of said Section 34 to the point of beginning; containing 10.95 acres more or less. The combined area of the above described two parcels and excluding the five exception parcels is 5,163.04 acres more or less. EXHIBIT 2 HOA PROPERTY • OSP Parcel A • OSP Parcel B • OSR Parcel A • OSR Parcel B of Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the Amended Plat thereof filed with the Garfield County Recorder as Reception No. 828064 10 EXHIBIT Garfield County COMMUNITY DEVELOPMENT 108 Eighth Street, Suite 401, Glenwood Springs, CO 81601 Tel: (970) 945-8212, Fax: (970) 384-3470 February 27, 2017 Karl J. Hanlon, Esq. Karp Neu Hanlon, P.C. PO Drawer 2030 Glenwood Springs, CO 81602 DIRECTOR DETERMINATION - Spring Valley Ranch — Vested Rights and Phasing Plan Amendment — Spring Valley Holdings, LLC - Garfield County File Numbers PUAA-10-16-8493 Dear Mr. Hanlon; This letter is being provided to you in regard to a General Administrative Review Application for a Minor Amendment to the Vested Rights and Phasing Schedule for the Spring Valley Ranch PUD. The request is to allow an additional 5 years to develop each subsequent phase of the development and amend the Development Agreement and PUD Phasing Schedule as described in attached Exhibits 1 and 2. The Director's Determination on the Application is based on the following findings and subject to the Applicant's representations and conditions of approval. 1. That proper public notice was provided as required for the Administrative Review PUD Amendment. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 1 A Director's Decision is hereby issued approvinq the Application with the following conditions. Conditions of Approval: 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 2. The amended and approved Development Agreement and PUD Phasing Schedule shall be signed by the Board of County Commissioners in a Public Meeting. This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. According to the Land Use and Development Code, Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the Applicant, or any affected Adjacent Property Owner." Should this time period pass with no request for review or public hearing, the decision shall be final. Please contact this department if you have any questions. Sin S ower, AICP Di ector of Community Development Department C: Board of County Commissioners file 2 Phase Phase 1 Phase 2 Phase 3 Phase 4 EXHIBIT SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE Elements 0 Cabin Lots _ 0 Estate Lots 0 Ranch Lots 1 Pasture Lots �_ 1 Sales Office 1 Gate House 4 Open Space Parcels , 20 Cabin Lots 26 Estate Lois 9 Ranch Lots 0 Pasture Lots 4 Open Space Parcels 1 Light Industrial Parcel Fire Station in accordance with the requirements of the AHJ Emergency Access Road extended along the alignment of Highgrange Pass to the Landis Creek entrance at CR 115 in accordance with the requirements of the AHJ _ CR114 Improvements: From Road Centerline Station 160+00 as depicted on Sheet R41 of Exhibit 26 near CMC to the Main Project Entrance 21 Cabin Lots 39 Estate Lots _ 17 Ranch Lots 0 Pasture Lots 1 Mountain Lot 1 RR Parcel 2 Open Space Parcels 8 Cabin Lots 0 Estate Lots , 0 Ranch Lots _ 0 Pasture Lots 20 Workforce Housing Units 4 Village Center Parcels 3 Open Space Parcels Estimated Start of Construction April 2011 Completion by April 2011 through April 20172022 depending on economic and marketing conditions .. �11Ci1!C'•I i depending on economic and marketing conditions April 2011 through April 2010 Completion by Anri 2024 depending on economic and marketing conditions Estimated Completion of Construction November 2011 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction Phase Phase 5 Phase 6 Elements 48 Cabin Lots 7 Estate Lots 14 Ranch Lots 0 Pasture Lots 10 CH Units 2 CH Parcels 3 Open Space Parcels Emergency Access Roads extended along the alignments of Ouray Trail and Sapinero Trail to Highgrange Pass in accordance with the requirements of the AHJ 22 Cabin Lots 34 Estate Lots 18 Ranch Lots 0 Pasture Lots 1 Utility Parcel 24 CH Units 1 CH Parcels 3 Open Space Parcels Phase 7 Phase 8 CR 115 Improvements. From CR 114 to the Landis Creek Entrance to the Project 13 Cabin Lots Estimated Start of Construction April -2 -042 -through AprTh20 t Completion by Aprll 2025 depending on economic and marketing conditions April 2012 through Apr�m O2-2Completion by April 2025 depending on economic and marketing conditions Estimated Completion of Construction 20 Months after Start of Construction 20 Months after Start of Construction 24 Estate Lots 1 RE Parcel 16 Ranch Lots 0 Pasture Lots 20 CH Units 2 Open Space Parcels 0 Cabin Lots 8 Estate Lots 26 Ranch Lots 0 Pasture Lots 21 CH Units 1 CH Parcels 0 Utility Parcel 0 Open Space Parcels Emergency Access Roads extended along the alignments of Red Cliff Loop to Highgrange Pass in accordance with the requirements of the AHJ CR 114 Improvements: From the End of the Phase 2 Improvements near CMC to the Intersection with State Hwy 82 April 2012 through April 2023 Completion by April 2025 depending on economic and marketing conditions April 2012 through April 202,1 Completion by April 2025 depending on economic and marketing conditions 20 Months after Start of Construction 20 Months after Start of Construction Phase Phase 9 Phase 10 Mountain Phase 1 Mountain Phase 2 Mountain Phase 3 Mountain Phase 4 Mountain Phase 5 Elements 0 Cabin Lots 0 Estate Lots 15 Ranch Lots 0 Pasture Lots - 1 Open Space Parcel 0 Utility Parcels 0 Cabin Lots 0 Estate Lots 6 Ranch Lots 0 Pasture Lots 0 Open Space Parcel 11 Mountain Lots Emergency Access Road through Mountain Phase 2 & 3 and down Landis Creek (see Note 2) 11 Mountain Lots 10 Mountain Lots 15 Mountain Lots 1 Utility Parcel 16 Mountain Lots Estimated Start of Construction April 2013 through Apr 12025 Completion by April 2025 Depending on economic and marketing conditions April 2013 through April 2026 Completion by April 2025 Depending on economic and marketing conditions April 2011 through April 2018 Completion by April 2023 depending on economic and marketing conditions April 2011through April 2010 Completion by April 2024 depending on economic and marketing conditions April 2011 through April 2020 Completion by April 2025 depending on economic and marketing conditions April 2011 through Apr41-2-024 Completion by April 2025 depending on economic and marketing conditions Estimated Completion of Construction 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction April 2011 through April 2022 Completion by April 2025 depending on economic and marketing conditions 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction 17 Months after Start of Construction Phase Mountain Phase 6 Mountain Phase 7 Mountain Phase 8 Mountain Phase 9 Mountain Phase 10 Mountain Phase 11 Elements 6 Mountain Lots 5 Mountain Lots 3 Mountain Lots 3 Mountain Lots 3 Mountain Lots 8 Mountain Lots Estimated Start of Construction epriI 201 lthrough April 2023 Comption by Anrii 2025 depending on economic and marketing conditions April 2011 through April 202,1 Completion by April 2025 depending on economic and marketing conditions April 2012 through April 29-25 Completion by April 2025 depending on economic and marketing conditions April 20 2 througia Apr+l-2026 Completion by April 2025 depending on economic and marketing conditions April 2012 through April 2026 Completion by April 2025 depending on economic and marketing conditions April 2012 through April 2026 Completion by April 2025 depending on economic and marketing conditions Estimated Completion of Construction 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction 17 Months after Start of Construction Note 1: The emergency access road must meet the applicable minimum standards of the International Fire Code and the design must be acceptable to the Glenwood Springs Fire Department Note 2: The workforce housing units may be placed into other phases provided that the parcel in which the units are to be placed is platted and work force housing is a permitted use within the zone district of the parcel. EXHIBIT 2 - AMENDED AND RESTATED DEVELOPMENT AGREEMENT SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT THIS AGREEMENT, is made and entered into between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the "County"), SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company ("Developer"), and SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION, INC., a Colorado non-profit corporation (the "HOA"). The County, Developer, and the HOA may hereinafter be referred to collectively as the "Parties". WITNESSETH: A. Developer is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 1 ("Developer's Property"). The HOA is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 2 ("HOA Property"), which property was conveyed to the HOA by Developer for the purposes described in the Project Plans (defined below). The Developer's Property and HOA Property are collectively referred to as the "Property." B. By Resolution No. 2008-55, which was approved in a public hearing before the Garfield County Board of County Commissioners un December 7, 2007 and memorialized in a Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747015, and corrected by Resolution No. 2010-38, the Garfield County Board of County Commissioners (the "Board") approved the Spring Valley Ranch Planned Unit Development (the "SVR PUD"). The SVR PUD contemplates residential and commercial uses with significant active and passive open space areas (the "Project"), as documented in Resolution 2010-38, recorded in the real property records of Garfield County as Reception No. 786992 and incorporated by this reference. C. By Resolution No. 2008-56, which was approved in a public hearing before the Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747016, the Board approved the Preliminary Plan for the SVR PUD (the "SVR Preliminary Plan"). D. By Resolution No. 2012-95, which was approved in a public hearine before the Garfield County Board of County Commissioners on November 13, 2012, the Development Agreement was amended to include 21 phases, dates of completion, and the HOA property description. IA.E. The SVR PUD and SVR Preliminary Plan contemplate eleven (1 l )twenty-one (21) separate phases of development for the Project, wherein each phase will require final plat approval. E F. The SVR PUD and SVR Preliminary Plan provide that the first phase of development of the Project will consist of one parcel (P-1) owned by Developer, on which is 1 located an existing dwelling unit, and the HDA Property, which consists of open space and limited entryway improvements ("Phase 1"). Developer does not plan, and Phase 1 does not contemplate, any new dwelling units. The County and the Developer recognize that this configuration represents a unique factual situation that does not create or imply any precedents for other developments in the County. F,G. The SVR PUD provides that the start of construction for each phase is based on the date of approval of the final plat for Phase 1 (the "Phase 1 Final Plat"); provided, however, that the final plats for all phases of the Project are approved no later than fifteen (15) years after the date of approval of the Phase 1 Final Plat (the "Phasing Plan"). 6-11. By motion, dated July 21, 2008, the Board approved an extension of not more than one (1) year for Developer to commence development of the Project or submit an application for the Phase 1 Final Plat (the "Approved Extension"). J4-1. Developer submitted a complete application for the approval by the County of the Phase 1 Final Plat in the time period allowed by the Approved Extension and has, contemporaneously herewith, brought the Phase 1 Final Plat before the Board for final approval. The County has considered and approved the application for approval of the Phase 1 Final Plat and the request to approve this Development Agreement, after notice and public hearing as required by law, and pursuant to the requirements of Section 5-305 of the Garfield County Land Use Resolution of 2008 (the "LUR"). The County finds and determines that the Phase 1 Final Plat constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68- 102(4)(a) and Section 1-202(B) of the LUR. 1-J. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the "Statute") and the LUR provide for the establishment of vested property rights in order to advance the purposes stated therein, and authorize the County to enter into development agreements with landowners providing for vesting of property development for periods greater than three (3) years. J:K. Development of the Property in accordance with the SVR PUD, SVR Preliminary Plan, Phase 1 Final Plat, and such future final plats that are approved for the various phases of the Project (collectively, the "Project Plans") will provide for orderly, well planned growth in accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide significant trails and open space, promote diversity of housing stock, ensure reasonable certainty and stability in the land use planning process, stimulate economic growth within the County, and otherwise achieve the goats and purposes of the Statute and LUR. 14,L. Development of the Property will also require substantial investments in infrastructure improvements and public facilities, both on the Property and outside the Property, which will serve the needs of the Property and the County. Such investments can be supported only with assurances that development of the Property can proceed to ultimate completion as provided in the Project Plans and this Agreement. L -M. In exchange for the foregoing benefits and other benefits to the County contemplated by this Agreement, together with the public benefits served by orderly and well 2 planned development of the Property, Developer desires to receive vested property rights in the Project Plans in accordance with this Agreement. lN._In addition, and notwithstanding the foregoing recitals, in light of the current difficulties and volatility of the national housing and lending market, it may not be prudent for Developer to undertake the large expenditures of funds necessary to commence development of Phase 2 and subsequent phases within the time frame set forth in the Phasing Plan. In the event Developer decides not to commence development of phases subsequent to Phase 1 within the time frame set forth in the Phasing PIan or otherwise does not comply with the Phasing Plan, Developer seeks the County's assurance that it will undertake the procedures necessary to return the Property to its prior configuration and rezone the Property from PUD to a zone district that meets the requirements of law. In such event, Developer further seeks the HOA's assurance that it will re - convey the HOA Property back to Developer for the purpose of effectuating the return of the Property to its prior configuration. NO. The mutual promises, covenants, and obligations contained in this Agreement are authorized by the statutes of the State of Colorado and the laws of the County. NOW, THEREFORE, in consideration of the promises cited above and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the County and Developer agree as follows: 1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true and correct, and those recitals are hereby incorporated into the body of this Agreement. 2. General Provisions. (a) Scope. The terms and conditions of this Agreement shall apply to the Property. (b) Phasing. Construction of the Project is anticipated to occur in up to elm (11)twenty-one (21) phases, with Phase 1 being the initial phase of the Project, and construction of subsequent phases occurring in accordance with the Phasing Plan set forth in the SVR PUD. 3. Vesting of Certain Property Rights. The County and Developer hereby agree that Developer shall have a vested property right to the extent provided in this Agreement to undertake and complete development and use of the Property. (a) Intent of Vesting System. The vesting system set forth in this Section 3 balances the County's obligation to protect the public health, safety and welfare of the community and its desire to facilitate the highest quality development with Developer's private property rights and Developer's need to rely on County approvals to achieve an economically viable project. (b) Overview of Vesting System. 3 (i) Nature of Vested Rights. During the term of vested rights set forth in Section 3(d) below, Developer will have the right to develop uses at such densities and in the general locations on the Property described in the approved Project Plans. Upon County approval of any future final plats that are approved for the various phases of the Project, such plats shall automatically be entitled to the same vested rights as have been granted herein for the same period of vesting which remains under this Agreement. (c) Rights That Are Vested. The rights identified herein or as may hereafter be acquired by operation of any state or local vested property rights law shall constitute vested property rights under this Agreement and shall not be taken by the County without just compensation. These rights include the following: (i) No Downzoning. The maximum number of residential dwelling units and acres for residential use, and the total gross acres for non-residential uses, as set forth in the Project Plans are hereby vested. (ii) Uses, Densities and Locations. The right to develop the Property in accordance with the uses, densities, and general locations set forth in the Project Plans is hereby vested. (iii) Site Development Standards. The right to develop the Property in accordance with the design standards, development standards, and terms and conditions set forth in the Project Plans and the resolutions of the Board approving the same is hereby vested. (iv) Timing of Development. The right to commence and complete development of the Property at such time in such order and at such rate as set forth in the Phasing Plan of the SVR PUD. This provision of this Agreement supersedes any County rules or regulations that require development to be commenced or completed in any specific time frame. (v) Subsequent Approvals. The right to receive all County approvals necessary for development of the Project provided that subsequent final plat submittals or applications for other approvals comply with this Agreement and the -Project Plans, and all applicable standards and regulations, including then-current duly-adopted, generally applicable regulations. (vi) Site Specific Development Plan. As to the matters vested under this Agreement and the Project Plans, including any future final plats that are approved by the County for the various phases of the Project, shall be considered a site- specific development plan for the purposes of the Statute and Sections 1-201 and 1- 202 of the LUR. The following statement is provided to satisfy the requirements of Section 4-502(H)(2) of the LUR: Approval of this plan shall create a vested property right pursuant to article 68 of title 24, C.R.S. as amended. 4 (d) Term of Vested Rights. In recognition of the size of the Project contemplated by this Agreement and the Project Plans, the time required to complete the Project, the need to proceed in phases, and varying economic cycles and market conditions likely to occur during the course of development of the Project, the County agrees that the rights identified as vested rights in this Section 3 shall be vested for a period of fifteen. (15) years from the effective date of the County's approval of this Agreement. (e) Adoption, Notice and Effective Date. The County has adopted this Development Agreement as a legislative act subject to referendum, as required by C.R.S. § 24-68-104(2). As set forth in and required by C.RS. § 24-68-103(c), within 14 days from the date hereof, the County shall cause to be published in a newspaper of general circulation within the County, a notice advising the general public of the approval of the Phase 1 Final Plat as a Site Specific Development Plan and the creation of vested property rights pursuant to this Development Agreement and C.RS. §§ 24-68-101 et. seq. The effective date of the County's approval of this Development Agreement shall be the date of said publication. 4. No Obligation to Develop. Notwithstanding anything to the contrary contained in this Agreement and the Project Plans, Developer shall have no obligation to develop all or any portion of the Property, except as set forth in the Subdivision Improvements Agreement for Phase 1 as the same may be amended. In the event Developer does not commence development of Phase 2 within the time frame set forth in the Phasing Plan and described below, the terms ofthis Section 4 shall apply. (a) In accordance with the Phasing Plan, the date for start of construction for Phase 1 shall be April 2014. Therefore, according to the Phasing Plan. the start of construction for Phase 2 must commence by April 204-72022. (b) At any time before April 1, 204-72022, the Developer may notify the County and the HOA of its intent not to proceed with the development of Phase 2 and subsequent phases. In such event, the Developer may withdraw the Project Plans in accordance with the procedure in Section 12-103(E) of the LUR. (c) In the alternative, the County and Developer agree that the Developer shall be in violation of the Phasing Plan on April 1, 2017 2022 if the Developer does not file with the County an application for approval of a final plat for Phase 2 on or before March 31, 20172022, by notice to the Developer and the HOA. (d) As soon as practicable after the effective date of the withdrawal of the Project Plans described in Section 4(b) above, or the violation ofthe Phasing Plan described in Section 4(c) above, the Developer may undertake and the County will consider the procedures necessary to return the Property to the configuration that existed prior to the approval of the Phase 1 Final Plat, in accordance with the procedures set forth in 30-28- 139, C.R.S. and Section 12-106 of the LUR. As part of such process and immediately upon request of the Developer, the HOA shall convey the HOA Property to Developer, by good and sufficient general warranty deed, free and clear of all liens and encumbrances. Concurrently therewith, if requested by the Developer, the County shall undertake the procedures necessary to rezone the Property from PUD to a zone district that meets the 5 requirements of law. Nothing in this Agreement shall be construed to require any particular action by the BOCC on any such rezoning request. (e) Completion of the procedures described in Section 4(b) and (d) above, including any appeals thereof, shall constitute a forfeiture of the vested rights set forth in this Agreement. In such event, the County may memorialize the forfeiture of the vested rights set forth in this Agreement by resolution or other appropriate vehicle. In such event, the Developer waives any right to notice and hearing pursuant to Section 12-103(F) and waives all rights pursuant to Section 12-107 of the LUR. (f) In addition to undertaking the procedures set forth in this Section 4, the County reserves all of its rights, including but not limited to rights of enforcement, at law or in equity with respect to the Project Plans, and including but not limited to the right to enforce the terms of this Agreement or forfeit the rights conferred by this Agreement in accordance with law. Except as expressly set forth in this Section 4, the Developer reserves all of its rights at law or in equity with respect to the Project Plans and any action of the County with respect thereto, including but not limited to the right to enforce the terms of this Agreement. 5. Severability. If any provisions or parts of this Agreement are judged unenforceable or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the remaining parts of this Agreement, the intention being that the various parts and provisions hereof are severable. 6. Recording of Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder at Developer's expense and shall be a covenant running with and against all the property, property rights, and improvements contained within the Property described in Exhibits 1 and 2. in order to put prospective owners, purchasers, successors, assigns, and others acquiring any interest in the Property on notice as to the terms and obligations herein. 7. Binding Effect. Unless otherwise provided herein, this Agreement shall be binding upon Developer's heirs, successors, assigns, transferees, and any other person or entity acquiring or purchasing any interest in any of the Property. 8. Notice. Any notice to Developer or the County, which may be given under the terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent certified U.S. Mail and first class mail, postage prepaid, addressed as follows: TO DEVELOPER: Spring Valley Holdings, LLC Attn: Stephanie Zimmerman aniel r okf g Seligman Western Enterprises, Ltd. One Towne Sq care, Suite 1913 Southfield, MI 48076 Phone: 248-351-4876 6 ATTEST: By: Clerk of the Board ASSOCIATION: SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION, INC., a Colorado non-profit corporation By: Name: Its: COUNTY: By: - Name: Its: Chairman 8 EXHIBIT 1 DEVELOPER'S PROPERTY Property description has not changed so it is only included in the clean version ofthis Development Agreement. 9 EXHIBIT 2 HOA PROPERTY • OSP Parcel A • OSP Parcel B • OSR Parcel A • OSR Parcel B of Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the Amended Plat thereof filed with the Garfield County Recorder as Reception No. 828064 10 EXHIBIT Directors Determination — Staff Report Exhibits Spring Valley PUD and Development Agreement Amendment Administrative Review Applicant is Spring Valley Holdings, LLC February 23, 2017 (File PUAA-10-16-8493) Exhibit Number Exhibit Description 1 Public Hearing Notice Information Form, Dated February 17, 2017 2 Mail Receipts 3 Referral Comments from Mike Prehm of Garfield County Road and Bridge, Dated January 26, 2017 4 Letter from Kelly Mullane of the Spring Valley Sanitation District, Dated February 7, 2017 5 Redline Amended Spring Valley Ranch PUD Phasing Schedule 6 Redline Amended and Restated Development Agreement for Spring Valley Ranch PUD 7 Spring Valley PUD Amd PUAA-10-16-8493 February 23, 2017 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Spring Valley - PUD and Development Agreement Amendment APPLICANT (OWNER) Spring Valley Holdings, LLC LOCATION PROPERTY DESCRIPTION ACRES ZONING VESTED LAND USE CODE The property is located approximately 8 miles east of the City of Glenwood Springs on County Road 115 Approximately 5,200 acres identified as Parcel Numbers 218721100167, 218726200168, 218733100152 Approximately 5,200 acres PUD Unified Land Use Resolution of 2008 (ULUR) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting the following amendments to the Spring Valley Ranch PUD and Development Agreement as last modified in 2012 (excerpted from application): The Applicant is requesting modification of the Phasing schedule associated with both the approved PUD for Spring Valley Ranch by adding 5 years to the estimated start of construction dates. A 5 -year extension would mean that the last of 21 phases (Mountain Phase 11) would start construction by 2031. The PUD was approved under Resolutions 84-127 and amended through Resolution 94-135, 200-95, 2005-83, 2008-55, 2010- 38 and 2012-95. Resolution 2012-95 recorded with Reception No. 828066 was the last approved resolution that amended the Phasing schedule and Phasing Map (Exhibits C and D) of the Resolution. In addition, a Development Agreement was executed as part of the PUD and associated with the filing of the Phase I Final Plat. The Development Agreement was first recorded on September 7, 2010 under reception No. 793248 and a first amendment was approved on November 13, 2012 recorded with Reception No. 828067. The Development Agreement "granted the developer certain vested rights for a period of no more than fifteen (15) years after the date of approval of the Phase 1 Final Plat." The Development Agreement allows for vested rights under the approved "Project Plans" for a period of 15 years. The 15 -year period began on the approval date the Phase 1 Final Plat which was September 7, 2010. From a timeline perspective, this would provide the developer until 2025 to complete the start of constniction for all phases. The applicant would like to ensure that the timelines associated with the PUD as well as the Development Agreement coincide. Due to the economic downturn beginning in 2009 the market has not been able to absorb the number of units approved pursuant to the original phasing schedule. Accordingly, the applicant is seeking to extend the phasing schedule an additional five (5) years per phase to account for the changed market conditions. Currently the applicant is not seeking any other changes to the current approvals. The Development Agreement for Spring Valley Ranch PUD was established in October 2010 and amended in December 2012. As a result, the PUD is Vested under the Unified Land Use Resolution of 2008 (ULUR). To this end, Staff has applied the procedural and criteria standards as is prescribed by the ULUR to this request to amend the Development Agreement and PUD. In accordance with the ULUR, Staff has determined the request to be 'No Substantial Modification' and as a result is processed as an Administrative Review application. II. LOCATION AND BACKGROUND Location Map Subject Parcels Hwv 82 2 Spring Valley Ranch has had the following relevant milestones: - December 7, 2007 - - December 7, 2007 - - June 7, 2010 - September 7, 2010 - September 7, 2010 - November 13, 2012 - PUD approved by BOCC Preliminary Plan approved by BOCC PUD corrected and approved by BOCC PUD Phase 1 Final Plat approved by BOCC Development Agreement approved by BOCC PUD and Development Agreement amendment approved by BOCC III. WAIVER REQUESTS FROM STANDARDS The Applicant has not requested any waivers from the Standards. IV. AUTHORITY — APPLICABLE REGULATIONS A. Section 6-201(F) of the ULUR sets forth the process and standards for amending an approved PUD. B. Section 4-201 of the ULUR sets forth the Administrative Review Procedures by which the current Application is being considered. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the ULUR. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Road and Bridge Department (Exhibit 3) — Indicated that the Department has no concerns. B. Spring Valley Sanitation District (Exhibit 5) — Indicated that the District has no concerns. VI. STAFF ANALYSIS The Applicant is requesting to only modify the PUD Phasing Schedule and the timeframe for recording a Final Plat for Phase 2 within the Development Agreement. No further changes are proposed. Each PUD Phase and the timeframe for recording a Final Plat for Phase 2 are proposed to be extended by 5 years each. In addition, because the Vesting Period is for 15 years beginning in 2010, the maximum period of time for recording of each Final Plat for each Phase is until 2025. Since adding 5 years to the later Phases 3 would exceed this 15 year vesting timeframe, the Phases are capped at the year 2025. A review of the Development Agreement and the PUD do not specify a process or criteria separate from that found in the ULUR for amending the development timeframes. As is prescribed in the ULUR, this application is processed as an Administrative Review. However, a Condition of Approval is necessary requiring that the final documents be signed by the BOCC in a Public Meeting. Per Section 6-201(F) of the ULUR, an Amendment to an approved PUD is to be reviewed as a Rezone as described in Section 4-201. The criteria for a Rezone are identified below. Because this application is limited to an amendment to the PUD Phasing Plan and Development Agreement, the applicability of the Rezoning Criteria to this request are limited. Following a determination of Technical Completeness for this application, an updated Spring Valley Ranch PUD Phasing Schedule was submitted for final review. This updated PUD Phasing Schedule is attached as Exhibit 4. Section 4-201(B): Rezoning Criteria 1. No Spot Zoning. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. This request would not alter the current zoning on the property 2. Change in Area. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. The request would not change the character of the area and is not caused by a change in the area. 3. Demonstrated Community Need. The proposed rezoning addresses a demonstrated community need with respect to facilities, services or housing. The property owner is requesting an extension to the Phasing on the property "Due to the economic downturn beginning in 2009 the market has not been able to absorb the number of units approved pursuant to the original phasing schedule". 4. Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed rezoning is in compliance with the Comprehensive Plan and any applicable intergovernmental agreement affecting land use or development or an amendment to the Comprehensive Plan approved prior to filing a rezoning request. The proposed amendment to the PUD and Development Plan will not alter any previous findings that the development is in conformance with the Comprehensive Plan or intergovernmental agreements. 4 5. Original Zone Designation Incorrect. The proposed rezoning addresses errors in the original zone district map. The original zone designation is not represented to be incorrect. 6. Adequate Water Supply. Such an application to rezone a property from one district to another district shall be required to demonstrate the maximum water demand required to serve the most intensive use in the resulting zone district pursuant to Article 7-104 of this Resolution. No changes to the water supply or demand are proposed as a result of the proposed amendments. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the proposed amendments to the PUD Phasing Plan and Development Agreement are in conformance with the Comprehensive Plan of 2030 as well as the Unified Land Use Resolution of 2008. Staff, therefore, recommends approval with conditions of the proposed amendments. Suggested Findings 1. That proper public notice was provided as required for the Administrative Review PUD Amendment. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. Suggested Conditions of Approval Conditions of Approval: 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 2. The amended and approved Development Agreement and PUD Phasing Schedule shall be signed by the Board of County Commissioners in a Public Meeting. 5 1 EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ® My application required written/mailed notice to adjacent property owners and mineral owners. X Mailed notice was completed on the 7th day of February , 2016. X All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. X All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. O My application required Published notice. Notice was published on the day of , 2016. ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 2016. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above Information is true and accurate. Name: Angeliqu9Petterson, Pa al Karp Neu Hanlon, PC Signature: / Date: February 1 , 2017 U.S. Postal Service'" CERTIFIED MAIL° RECEIPT Domestic Mali Only For delivery information, vise our website fit www+rsps•co+n". GLENWOOD SPRINGS r CO 81.601 m ru m cr t- l ,o I CI rR m Lrl rR r` - Gxtilictt Mnll Fee $3.35 P+dre gelV�ar'E°a Recess elm lei ee LTtsawn Receipt (ha,dcoPY) ❑ Rattail Rakrelpt Ieleuuonlc) e_$ ❑ CertNled Mall Restricted Delivery [,J Adult Signature Required a QAdpit 84y+nwro Reelrloted pd+wry $ 4 700 - tam $0.70 ANDEMI N, SETH & [''3722 COUNTY ROAD' 1 °r'G LEN W OOD SPRINGS �Y•-�I PS 1o. 0538 09 Postmark 0 0 7 2017 =11�I. pp��M/iiti17 15 • -", CO 81601 ... lucrivn:; and 3. address on the reverse the card to you. o back of the mailplece, :e permits. ,TH J & HELEN B WAD 115 'RINGS CO 81601 11 6 II II132 0IIIIIIII257 IIIIIII 111 33 Is delivery addreet41 If '5. ent_Ydollverj rl0' p9 :Date of Delivery Item 1? I I Yes 31uw: ❑ No 3. nlvicn Type, i ' ❑ A etts!1neluce 0 Adult Sign elute Restricted D sly ❑ Certified tern to ❑ Certified hemi Restricted Delivery ❑ Collect on Delivery r• cram service label) ❑ Collect on Delivery Restrioted Delivery ' ' tall 0 0000 7562 21477 di! Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SEi;'17oN U.S. Postal Service'' CERTIFIED MAIL® RECEIPT G'ornestlC Mall Only t,•ar delivery Inferntatt4n, visit our website at www.usps.cam'. GLENWOOD SPRINGS, CO 81601 C.t1fSi Idli Mnfi Farr $� taus eon ed9 (r+uck tw add lea ❑ Return Receipt (hardcopy) $ r 12 Return Receipt (electronic)$ �CedlnaMall Restricted Delivery $ �-.00..l {1 Adult Signature Required —.40400. – 1,p,pua Signature Restricted Delle rwaatie $0.70 Toil pactafle and Fars $6.60 Serr1 Tr ANDERSON, JOHN 1TI JR_ 1 0,\ si�rui & SANDRA iii.. 1332 COUNTY ROAD 119 GLENWOOD SPRINGS CO 81601 09,, I: Postmark i• 02/07/2011 11 1 31101111111 -- �� 33 6132 0302 44 2, and 3. 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PORT ORANGE, FL 32127 C'crGllod Ma1114 So 83.35 rile $undcua a FYes{cr.e,.d Lee. aJ Mu, ❑ Return Receipt (hardcopy) $ iJ Return Racelpt (elecironlc) $ - ❑ Certified Mall Restricted Delivery $ 0 Adult Signature Required $ 0 Adult SIp1.0rulo Restricted Dallray $ —" Pwitnge 053O- $0.70 "(Postage rind twe86e s .80 \ _ tie; BACON, ROBERT & MICHELE 'I' --..... ... . 115 INLET HARBOR ROAD PONCE INLET FL 32127 . 09 ,4 Postmarkpt n '1 /st' r dl 02/07/,,2617 ,- PS Fo U.S. Postal Servicer" CERTIFIED MAIL° RECEIPT Domestic Mail Only ruction For derive )nformaitpn, Visit aur website al wlvw.uaps.come. ,GLENWOOD SPRINGS, CO 81601 Ci rft of rAlll Frio - — - -- $3.35 xtm.+eiv%i+5 r (kl xk ban .1*Jab 0 Relurn Receipt (hardcopy) $ T *0.0 0 Return Receipt (electronic) © certified Mall Restricted Delivery $L= .,60...- ❑Adull Signature Required y _ 0Adult Signature Restricted Orllrery $ °°- Posliige — '. $ $0.70 fiotnihaslego end Foea "sa�r ?BAN KNEAD, JEFF I3`& :+creel HIATT, JENNIFER N Postmark Here 1 11 ^y 5w f g0,2fl 02/07/2017 61,9,-.0346 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601 PS F U.S. Postal Service`"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at w J.r.rsps.corrl HOUSTON r TX 77019 404 $3.35 9 Id Ord eoa 'eel ll rx�WMdres Wei, © Return Recelpl (hardcopy) $ — y $---$Oe11O- F ❑ Return Receipt (electronic) ❑ Certified Mall Restricted Delivery $ ❑ Adult Signature Required $--$ ;10- -- 0 Adult Signature Restricted Delivery $ Prysiago V VV 9 80,70 IIS SECTION d 3. cress on the reverse o card to you. eck of the mailpiece, )ermits, & MICHELE T )R ROAD 32127 IIIIIIIIIII Illi 1III 5132 0302 68 n service label) COMPLETE THIS SECTION ON DELIVERY A. 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PLfSI l0rrIten ra- ti ❑Adult Signature Required S jj ❑Adult Signature Reetdoled Delivery $ Poelago m THIS SECTION and 3. )Iddress on the reverse the card to you. D back of the mailpiece, permits. \ {ILY, LLLP A RIVE #684 7019 02/07/2017 f P5 F BR 11 uodeRS 1 a 1,13118111911,1,121!18111 3 6132 0302 99 COMPLE I'r• .' d/S SECTION ON DELIVERY Race T! (Prfrtled Name) -L . / i a 12 D. Is delivery address different from Item 1? If YES, enter delivery address below; p geent Addressee a r of Dirlivel I) es CI No 3. Service lype ❑ Adult Signature 0 Adult Signature Restricted Delivery 0 Certified Male ❑ Certified Mall Restricted Delivery 0 Collect on Delivery r from service label} ❑ Collect on Delivery Restricted Delivery Mall 13 0000 1593 292030IIR^_Mr1CtedDelivery PS Form 3811. July 2015 PSN 7530-02-000-9053 l A SFNDER: COMPLETE THIS SECTION U.S. Postal Service"' CERTIFIED MAIL® RECEIPT • ❑mastic Mail Only 0538 1,1 r-9 N e $0.700 Tani Postage and Mims $ $6e80 ,tiaaBRYAN, SAMUEL & BEVERLY ;g - PO BOX 327 GLENWOOD SPRINGS CO 81602 09 02/[17/2017 PS u-) m ru ru -D 11) N 2710 aaaa —a r-9 O atrueNons U.S. Postal Service''" CERTIFIED MAIL' RECEIPT Domestic Mail Only Fol delivery information. visit our website at wwst:usps.COM-, SIL'.ir C0..S1652 Gorski.;MnIIFon $3.35 S xlm Satvlces A Foca (:hatk8oc add NotrO EIReturd Receipt (hardcopy)s -y-- ❑Return Receipt (eleclroruc) S—$0.e• ❑ Certified Mall Restricted Delivery $. ❑ Adult Signature Required $ .$Cr ❑ Adult Siffa5aaa sealrtoledfdvniy V Poatnpo 5 $0.70 Yn1a1 Poufnge .m1;600:80 F and 3. address on the reverse the card to you. ie back of the mailplece, permits. JEL & BEVERLY PRINGS CO 81602 163 6132 0303 05 ❑ Priority Mall lb:passe ❑ Registered MOT" ❑ e Regstered Mad Restricted vy 0 Return Recolpt for Metthandise ❑ Signature Coslffrrmatlerlw ❑ algnature Ccafirrnatlan Reshtcted Delivery Domestic Return Receipt COMPLETE THIS SLCTION ON DELIVERY I ❑ Agent CLIAAddressee Received by [Printed Ns m$ j, C. Date of Delivery 11 .r 3&i .d L) - 10 - I D. Is delivery address afferent from item 17- 10 Yes If YES; enter delivery addre s below: :p No 3. Service typo 1:1 Yrkxily Mall Express® ❑ Adult Signalufe ❑ Registered mall", ❑ Adult Slgaeluro Restricted Delivery 0 Registered Meir Restncl8CI ❑ CAA -11W Melte ppiwary ❑ Certified Mall Restricted Delivery ❑ Holum Roc Dint for ❑ Collect on Delivery Merchn ndlse 0 Collect on Delivery Restricted Delivery 0 Signature Conllrmatlonnt er from service label) ^.. . MSI 0 Signature Confirmation 0 0000 1593 2937 IaIIRestricted Delivery ReettictedDelivery 101 !015 PSN 7530-02-000-9053 0538 09 Pngt11111 1C11 11v1u 1:0 5prt1Td BUREAU OF LAND MANAGEMENT • trr`"raruj 2300 RIVER FRONTAGE ROAD ai;Mrrw S ELT CO 81652 PS Form 3800, Aprli 2 r S P 1 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY nd 3. dress on the reverse he card to you. back of the mailpiece, t permits. D MANAGEMENT )NTAGE ROAD_ 11111111,1111011118111 7III i3 6 ' from service laLeli c710 0000 7562 2354 ❑ Agent Q Addresses "~�•C. Data Delivery B. Received by (Printed Name) D. Is delivery address different from item 1? C] Yes 11 YES, enter delivery address below: ❑ 5lo 3. Service type ❑ Adutl•$Ignature ❑ Adult Signature Restricted Delivery ❑ Certified Mille 0 Certified Mall Restricted Delivery O Collect 08 Delivery 0 Collect on Delivery Restricted Delivery PS Form July 2015 PSN 7530-02-000-9053 rioted Delivery (] Priority Mell Exptosa ❑ Regtsteiud MOIL" ❑ Registered Mall Rostdcled Delivery 0 Rote m R$celet for March ands() 9 Signature Conlhmallan'^" 0 SLgrurlurc Conliminl fan Restated Deaver/ Domestic Return Receipt .0 E D ru m tr r -- U.S. N U.S. Postal Servicer'" CERTIFIED MAIL° RECEIPT Domestic Mail On! For tiniivn Information, visit- our website at WWW ueps.CCfrt". cu nim J. •V US • •YCA {Ova tug, WO Sof tii! ❑ Ran nn Receipt (nardcnpy) $ _ ❑ Ratl vn Renelpl (electronic) $ �`�- !!k-• (71Cm lined Mdll Restricted Delivery $ _- *0 00— ❑ Adult Signature Required $ --. *0 00,- D Adult Signature Restricted Oakley $ fsu>:t+ln),r 7 otel Posing° and An. 80 S Sant Til Aiwa;;,•,;,CARDENAS, CARLOS DAVID pry aiIr5910 W WASHINGTON BLVD MILWAUKEE WI 53208 I service erfJ:li 000 1593 3057 ;PS Form 3811, July 2015 PSN 7530-02-000-9053 0538 , 09 , ZLOS DAVID .=iTON BLVD 53208 Ponlmark i, / 1I 02/07/2017 13. ress on the reverse !card to you. ick of the mallpiece, ermits. 111!1,1101131°113119111 IIIII2 P3 For COMPLE7 L THIS SECTION ON DELIVERY A. Signature ❑ Agent ❑ Addresses eDellyery + D. Is alivelyaddrees ifferentimlrtitem 7 Yes If YES, enter delivery address below: fl No SENDER: COMPLETE THIS SECTION Complete Items 1, 2, and 3. U.S. Postal Servicer" CERTIFIED MAIL° RECEIPT Domestic Mail Only For r G silvery Information, visit our wot7sIto at Ivtvw.asps.com^. ►iii+ a.. ► r 1 : .r reri;l err KG -Fee $3.35 fa trd S'urvka9 f Foo Rhes$ Av, oda far D Return Receipt (hardcopy) $ _ . . ❑ Return Receipt (electronic) $i •�#t ❑ Certified Mall Restricted Delivery $ `30 ❑Adult Signature Required $_4, ❑Adult Stoop.' Restricted Delivery $ f'usrege 'reti II ;;-teres d *else .80 $0.70 ;Iv (, r 0538. Postmark Here Li 2n 02/07/2017 3rafr r° CLARIDGE, MARVIK &, ES, i HER 64'°°1a' 4354 COUNTY ROAD 115 tiy3'6'E GLENWOOD SPRINGS CO 81601 PS rDrrn =5800, Aprl 1 ) -.D ✓ i -n 0 anon address on the reverse the carri to you. t back of the mailplece, 9 permits. .RVIN & ESTHER LOAD 115 'RINGS CO 81601 I �I IIIIIIIIIIIII IIIIIIi 6132 0303 36 m service la6elJ� -- 0000 1593 2869 3. Service Type o Aden Signature ❑ Adult Signature Restricted Delivery ❑ Certified Melte ❑ Certified Malt Reetrtoted Delivery ❑ Colleot on Delivery ❑ Collect on Delivery Restricted Delivery r, Mall Mali Restricted Delivery ❑ Privity Mail L•xpfesee, ❑ Registered Maw ❑ RegRehmed Met Rdalyd$ted very ❑ Rehm Receipt for Morehondiso IDSignature ConflrmatlonTM • 0 Signature Confirmation Restricted Delivery Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY Signature X B. Received by (Printed Name) C. 0 �Lgflent Q Addressee . • f aekvery '' D. Is defiveryrlddm$S different from item If YES, enter delhVery address below: 01 3, Service Type ❑ Adult Signature 0 Adult Signature Neal -wed U iii coy O Cerlinvd Mage t] Cerlilfod A,}I,ll Reslrlcted Aelrvery CI Collett no Delivery Cdllcrt en Da6vury Rc:hiclnd DeliveryMoil Melt Restricted Delivery PSN 7530-02-000-9053 U.S. Postal Servicer' CERTIFIED MAIL° RECEIPT Domestic Mail Only Fol d }livery info'nlation. visit our website at www.usps.corn'•. GL WDOI?. ri r 1 Mesad $3.35 Ge S ra Sere cesit Fere i lecrbac eamrru, t_f Return Receipt (herdoopy) S ❑ Return Recelpl (eleolronic) $ ❑ Ceruaed Mall Resaloled Delivery $ ❑ Adult Signature Required $ °Adult Sly:alum Rasa ro o Daitvery $ 0700�0---' 0.0 *0.70 0538 Postmark 7 's 09 to Posit 02/07/2017 CLENVIER, JAMES ,P,1I I ScrK & KELLY JONAS - - l - gvan4463724 COUNTY ROAD 115 (:f IN- IitGLENWOOD SPRINGS CO 81601 PS Funs Nis SECTION and 3. Iddress on the reverse the card to you. back of the mailplece, e permits. ES P III S LOAD 115 RINGS CO 81601 ►III 111112 031 II03 43Illlllllll 33 613 Irani service label' 0000 7562 1654 ❑ Priority Mari Express® 0 Registered mom 0 LiegictemMaill;earrlcicwi memory ❑ Rehire Receipt far Merchandise 0 Signature Cenflrnutt{dirm, Signahlro Cealirlliailog Rosidoted Delivery Domestic Return Receipt COMPLETE rHls ';E(.; rIOnr ON DELIVERY .eV ❑ �Cgent Addressee_ D. Date of Delivery D. Is (lelivsry fill =" different from item 1? 1;1 Yes If YES; er elivery address below: 4 c 3. Service Type 0 Priority Mau E'praa$QD ❑ Adult Signature 0 Registered Mill" ❑ Adult Signature Restricted Detivery 0 Rcgisteren Mail Restricted ❑ Certified Mall® Dowry ❑ Certified Mail Restricted Delivery in Return Receipt far O Collect on Delivery Merchandise Ye ❑ Collect on Delivery Restricted Delivery 0 signp(ufo Confirmation !Ault 0 Slgeature Confit in a than Mall Restricted Delivery HoaIdcled Delivery l) 1. PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ..D Lr▪ ) r•i ru .A L n M1 U.S. Postal Service"' CERTIFIED MAIL' RECEIPT Domestic Mail Only For delivery !Morinelion. visit our Wobslte at Ivwiv.asps.cartt° GLENWOOD ,SpRIIiG iCIQ 81601 nrriliad •da 0588 09 $3.35 Mem fteoewt gtardcapy) b Rati 0 Realm Receipt (elechunlc) �. –.-$ r rj��} ❑ [canted MOII Restricted Delivery 6 - _$ , 00"—' Adult Signature Requited i —# ❑Adult Slpnau'o Raeulcted Oefivary 6 _ • �J VV $1.70 02/07/217 Postmark .1H �.. $ COLOIE%A,IDO MOUNTA N 4JUNIOR COLLEGE DIS I'RICT srra°1.802 GRAND AVE ext;: sGLENWOOD SPRINGS CO 81601 PS Fo ■ LU'L CI PS Form 3811, July 201 IS SECTION 1 3. Tress on the reverse card to you. ack of the mailplece, ermits. JTAIN DISTRICT 4GS CO 81601 IIIIIIIIIIIIII IIIII 132 0303 50 service label) 000 7562 166 5 PSN 7530-02-000-9053 U.S. Postal Service'"' CERTIFIED MAIL® RECEIPT f)ofnestiC Mail Only ordollyery.information, visit our website at tvlvw.usps.Corir. GRAND JUNCTIONr. CO1505— s Cara tamed Mos Fac $3.35 i<xtra S0iv10¢88 PEWS faAacktar. gd(rfa0AM i ❑ Return Receipt (hardcopy) 5 IU 0 Return Receipt (electronic) $ to .. i 0 Certified Mell Restricted Delivery $ ❑ Adult Signature Required $ • , UAdin slpnpttgn Remncwd Delivery $ Romp $0.70 1p'` hail adta" ar 41 .80 5 :Sentra ) { _,.gmgCOMBS, KEVIN 907 TOPLER RIDGE COURT `'rte GRAND JUNCTION CO 81505 ... . 053B 09 02/07/2017. COMPLETE 'HIS SECTION ON DELIVERY 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Matte ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery El Collect on Delivery Restricted Delivery 4a11 1 o a Restricted Delivery 0 Priority Mall Expraese ❑ Registered McEI' ❑ Registered Mail Restricted Delivery 0 Return Receipt for t1'temliandise ❑ Signature ConflnnattonrM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt IS SECTION 13. lress on the reverse card to you. ack of the mailplece, ermlts. COMPLETE THIS SECTION ON DELIVERY X Wed byff'4 fed Name) / it) Agent _ Addressee C. Date of Delivery COURT i CO 81505 /111111111111111 III M32 0303 67 U.S. Postal Service'' CgRTIFIED MAIL® RECEIPT Da nstic Mail Only dOfiVory•IntorinnllOi, visit ourwwobalto at WWlv.ue•s,CoM'- GLENWOOD SPRINGS,' CO 81601 Cortiriad Adz* on uy e • -• ' •. rte, $3.35 s .xtrau�anr C�da R r o a (Cnn-1r rtax'Oita* ❑Return Receipt (hardcopy) $ 0 Return Receipt (elechonlo) $ -$0.0 ❑ Certified Mell Reelected Delivery $ 1)1 ❑ Adult Signature Required $ —$p . ['Adis!! Signature Restricted Delivery $ 4 V Peetngo $0.70 a sa0tfTCORSON, MICHAEL DAVID Mrapi 375 S MARSH LANE t51} GLENWOOD SPRINGS CO 81601 int Panlajla ani $6.80 0538 09 P''Inuuk 02%07/2017 -r, PS Form 3800, Apr(l 20 • PS' .+. .. rt service label) 000 7562 1678 PSN 7530-02-000-9053 D. Isde$ve e• . different from item 1? ❑ Y If YES, enter delivery addPess below: ql No 3. Service Type ❑ Adult SIgneture 0 Adult Signature Restricted Delivery ❑ Certified Malle ❑ Certlfled Mali Restricted Delivery ❑ Collect an Delivery ❑ Collect on Delivery Restricted Delivery ^ '^^ ^" Mall mud Restricted Delivery 0 Pdorrty Mall Exlrresse ❑ Royrste 'u More ❑ Registered MO Restricted Delivery ❑ Return Resent for Merchandise ❑ Signature CotiflmnlatlonTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Q N E a— I. I .fl ❑' ru ..n tri N D a r1 N ru ,..0 1-9 C] N m u1 ru Lrl N D r N ru ri D N U.S. Postal Service`" CERTIFIED MAIL" RECEIPT Domesticwail Only Far delivery Information. visit our webslm n1 www.utipsrnnnr` LA CENTER r. WA,913629 $3.35 s 5xlm-Ser WA ... odd ❑ Return Receipt rinuneeevi ❑ Flatten Rooelpt (electronic) $ ❑ Certified Mall Restricted Delivery 9 O Adult Signature Required $ ❑Molt slentdune Restricted Delivery Posher: $0.70 a -91t11E2 I.17r $0.00--- - $0:00.-- 01 Mlle an CC) ,-. 0539 0729.1? 02/07/2017 :Sonr la r COX FAMILY IRREV. TRUST 862 EAST 15TH CIRCLE SLA CENTER WA 98629 PS P 713 H15 SECTION rid 3. (dross on the reverse he card to you. back of the mailpiece, permits. REV. TRUST I IRCLE 98629 II(IIIIII I IIIIII111 16132 0303 81 ern service label) 0000 7562 1593 COMPLETE THIS SECTION ON DELIVERY A. Si utt)!rm X 3. ❑ Ite,.. ❑ Agent Cr'Addressee B. Received by (Printed Name) C. Date of Delivery Ari rArt 1• ca- 1.2 -/3—/7 D. Is doilvely eddr®as rlfereitt from Item 1? 0 Yes if YES, enter delivery address below: 0 No Service Type Adult Signature Adult Signature Restricted Delivery Certified Melte Certified Mall Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Moil Milli Restricted Delivery t:ql •g PS Form 3811, July 2015 PSN 7630-02-000-9053 U.S. Postal Servicer" CERTIFIED MAIL® RECEIPT Dofnesric Mail Only ..p ra r1 ru -n 117 N a a rR N ru "or dolivor,y Information. visit our website at wo;tv ifisp.s.corn% -1 e' r . i , .1 Genitor' Mali Pee $3.35 S rt7. ero�a fawk aa., udldioa� 0 return Receipt (hardcopy) a ❑ Return Receipt (electronic) $ _$.0 ❑ Certified Mall Restricted Delivery $ —$ ❑ Adult Signature Required $ — ❑ Adult S1grNhlra Reetdcted Delivery $ Poetege $0.70 ` 0737 COX,36.,t4iLVINT HERB r 4.firr Ai I 0538 09 itPermerk 02/07/2(117 . swlr "rte & MARILYN skaarm3154 COUNTY ROAD 115 ria .SiH GLENWOOD SPRINGS CO 81601 P$ Fort -n r4 THIS SECTION , and 3. I address on the reverse !n the card to you. ie back of the mailpiece, 100 permits, ❑ Priority Mai Expresses 0 Regisiered MaIP' ❑ Registered Mall Reatricit>d Delivery 0 Return Receipt for Merchandise 0 Signhtur° Confirm 1ha" o Signature Coniirrntllon Restricted Dellvary Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY B. Received by (Printed Name) HERBERT ROAD 115 PRINGS CO 81601 II I1613�1II�2 0I11�I11II30398III1I fir from service label) C. Date of Delius D. Is delivery address different Turn Item 17 0 Yes If YES, enter delivery address beievi: ❑ No 1 0000 7562 1609 PS Form 3811, July 2015 PSN 7530-02-000-9053 U.S. Postal Service CERTIFIED MAIL® RECEIPT D rnestic Mail Only .)r delivery infarrention, visit our wobaite at rvwsr/.tusps.corri°. GLENWOOD..9pgtNG8f. CO 81602 Cemgeci MeilFee $3.35 y.y S =xlrs Services R F,103 (tr»c:rbak plates pp,rai ❑ Return Receipt (hardcopy) $ 0.00I X0..0l.i ID Return Receipt (electronic)) $ e - ❑ Certified Mall Residuted Delivery $—$0 1 ❑Adult Signature Required $ ❑AciAt signature Renakted Delivery $ - - - 6'�^s 7 Postn(1e F $0.70 ' 911 j 02/07/2017 FARNUI' 'IQ ANVILLE Tit RFV. TRUST sofa & FARNUM, GLENDA L. R. EV•TRUST 0538 CO[.) , 49• Postmark Here saratPO BOX 954 64 GLENWOOD SPRINGS CO 81602 slruclluns 3. Service -typo ❑ Adult Sit tour° 0 Adult Signature Restricted Delivery 0 Certified Mall 0 Certified Mall Restricted Delivery. ❑ Coilact on Delivery ❑Collect on Delivery Restricted Delivery n rno,,ne1 Mall vim Restricted Delivery 16) 0 Priority Malt D r rmeCd 0 Registered Mull" ❑ Raogf1iaierad Mali Restrklid Deltmry ❑ Return Receipt for Merchandise 0 Signature Conflrrnallon'N 0 Signature Confirmation Restricted Delivery Domestic Return Receipt HIS SECTION ind 3. ddress on the reverse the card to you. back of the mailpiece, r permits. LE W REV. TRUST A L. REV.TRUST NGS CO 81602 1161111121J1110111(1)14111 COMPLETE THIS SECTION ON DELIVERY A. Sig , ure ( x 0k ❑ Agent y �.! ❑ Addressee I7ellvery ' �7 8. Received by//(Printed Name) C(4fi aa- R -.e T' Y -V1 (ri I'VE C. Dalgi of D. Is delivery address different from item 17 0 Yee If YES, enter delivery address below: ❑ No 3. Service lype ❑ Adult Signature ❑ Adult Signature Restricted Delivery 0 Certified Mahe Cl codified Mall Restricted Delivery 0 Collect on Delivery om service label) 0 Cotecton Delivery Restricted Delivery 0 0 013 7562 1616 I Restricted Delivery 0 Priority Mall Expresser 0 Registered Malin 0 Registered Mail Restricted Delivery ❑ Rolm Receipt for Marewind:s° 0 Signature ConllnnatlonlM 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Recelp' m -a r1 C7 m r -R ru -13m r 0 0 O a ru I1 r -R P - U.S. Postal Service CERTIFIED MAIL' RECEIPT Onmrstir "•ail Only For delivery inforrnallon. visit our website ;it www.ddfimeam": SPRINGTX 77380 botifiled mirr Foe 13.35 s _ _ 0538 Mats §ria ns A rum kruck onziail a del 49 Dia.Roaalpl 03x1001314$ r ❑Rolan Receipt (electronic) $ 40,0 i . P6•;lN,n•k ❑Cali dMallRoetdMed WNW $... $ie )i MO ❑Alun Signature Requfred S ❑Meir Signature Reatrlotad deSvory $ —MOS Peebles 10.70 1, to os enn ti.. 02/07/2017 Ii$IELL, LAWRENCE Sara TO & MIRIAM gm:viandhi,f 1t 1502 LINDSEY TERRACE LANE egi-tieWariXirSPRING TX 77386 Ps Form 3sOo, I5 SECTION 13. rocs on the reverse t card to you. ack of the mailplece, reunite. .rNCE RRACE LANE I IIIIIIIIIIIIIIIIIIII i . 6132 0304 11 am service Minn l 0000 7562 1 PS Form 3811, July U.S. Postal Service'" CERTIFIED MAIL® RECEIPT Domestic: Mail Only For delivery Infers:anon, visit our wehsito at www.L Wps.COm^. BEND. OR 97703 Unified Mall fva helm strokes 9. l-eun (earrsk +err. rrdd are ❑ Return Receipt (hardcopy) $ l El Return Receipt (electronic) $ _ L✓ Poe1rnark- • ❑ Certified Moll Restricted Delivery $ _ ea t Were ❑ Adult Signature Required 3.--, 700' 13.35 0`38 09. °AdultSrlyvrbee Ftcesiotad rkee-rey $ Pestago Tow - pow , 02/07/2017 F1NLII STEVE`i!IICTFIA11 L sow To & HEATHER RENEE rr° "61776 DARLA PLACE ei6i-§6a BEND OR 97702 10.70 • 0/7rij s -a r1 ,ru tri r - O 0 0 Q 0 r1 r+- ru .D r-� l7 f` U.S. Postal Service'"' CERTIFIED MAIL® RECEIPT Domestic Mall Only dellVery information, visit oui WWcbsite al iv iv iv,uspsticOme. gLEN1W000 .SPRIjIGSt; CO 81601 Car rftpq h7nli Fed s 13.35 ittra Services $. Pd0a rcimoybow addren Rohm F calmt $wrJcnpy) $ •_ 0 nolo) Rccalpt (otnatreala) $, Postmark ❑ Cdtllrlarl momRa+Ulcrud Delivery"$ 0 0Or r' ROM Detail Slower. wail. ti $ Dristan Strut.= Restricted Delivery $ 90 7 Postage SO.70 otel limner --- - 02/07/2017 • s FRI!PLRICK, STfPI IPN C South & SCOTT R & LYDIA Ci 46li";443720 COUNTY ROAD 115 wi°lii iGLENWOOD SPRINGS CO 81601 ('538 09. PS Form :3811. July ?. 2015 PSN 7530-02-000-9053 'HIS SECTION nd3. !dress on the reverse he card to you. back of the mailpiece, porMits. - vIICHAEL JEE ACE COMP,-ETE THIS SECTION O' AS X B. -fiscal +Jr ❑ Agent ▪ Addressee ed by (Printed Name) I C. Date of Delivery D. Is delivery address different from Rem 1 II YES, enter delivery address below: l51 No O Yes 3. Service Type o Adak Signature ❑ Adult Signature Restricted Delivery 0 Certified Molar 0 Certified MO Restricted Delivery 0 Collect on Delivery ❑ Collect on Delivery Restricted Delivery 623 leevicted Delivery ❑ Priority Mall Express» ❑ Registered Mean, o Ils9istereci Mao Aoe:lticrra Delivery ❑ Return Receipt for Wren andise 0 Sign stem Cbniirm(Honrr" 0 Signature GantirRlaflon Restricted Delivery Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature B. Received by (Printed Name) ❑ Agent 0 Addressee C. Date of Delivery D. Is delivery address dlfferentfrom item 1? C1J Yes If YES, enter delivery address below: ❑ No 3. Service Type _ 0 Priority Mail Exprosste 3I I61I 1111219011111218111 III2I00I4III2I8III Signature Adult Signature Restriced Delivery 0 gtyie M u!I Re stricted ❑Certified Mail® tered Maim ❑cid Mai Restricted Delivery 0 Collect on Delivery Ras ❑ Return Receipt forlivo MercendWe lremy service labeD ❑Collect on Delivery Restricted Slgrtnlcw CuntirmalrenT"lcted Delivery 0 Signature Confirmation ] 0000 7562 1630 Restricted Delivery Rosiricied De1;vory _ Domestic Retum Receipt i L:ECTION 3. )ss on the reverse Gard to you. plc of the mailpieoe, I rmlts. TEN C AG D 115 fGS CO 81601 IIIIIIIIIIIIIIIIIII 132 0304 35 serviceleI oil 0000 7562 COMPLETE THIS SECTION ON DELIVERY A. Signature X 4.e 0 Agent D Addressee B. Recel = • by (Printed Name) C. Dale of Delivery T 14 (7 D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adan Signature 0 Anal/ Signature Restricted Delivery ❑ Certified Mei$ o Codified Mali Renfrr.led Delivery ❑ Colreci on Delivery Collect on Delivery Reslrkted DelNdry 1647 ;Meted Delivery i ❑ Mods), Molt Fxpress0 ❑ Registered moll o Registered Med Restricted Delivery ❑ Rearm Receipt For Merehemileo ❑ Signnwre Con fmraflonr'e ❑ Signature Confirmatjort Restricted Delivery 'SN 7530-02-000-9053 Domestic Return Receipt U7 ..a r1 U.S. Postal Service`' CERTIFIED MAIL" RECEIPT Doniestir ^.°:.+ only For deiIV: information. visit our website at wwwuSp„coat'. (1110 SP' WS/ CO =1601 gcortiliod Mnn t no $3.35 FxUUServcas iwurcnerbox, odd Ito �•e i t El Return Receipt(hudecay) $ A ❑ Reiuni Receipt (electronic) i ❑Centeed Mall Restricted Delivery $ --_$ ['Adult Signature Required $ —$0 ri AC6Ar FAWiMun Raarletdd Denary $ 1 Paaletla $0.70 Y wl outage end Fiagi . 30 tarot Tu C Fr•; T 0538 09 Postmark Here F jr1/ \.2/07/2017 • s„aipiiialHELMICH, LINDA & DONALD - .3 .4006 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601 I'5 Fern, 3•• ru a- -a rl ru .1] U) r - O a O 7016 2710 : THIS SECTION l and 3. address on the reverse n the card to you. ie back of the mallplece, ce permits. DA & DONALD WOAD 115 ?RINGS CO 81601 1133 I I613II III I2 I 0304 I! 1111 III42 1111 COMPLETE THIS SECTION ON DELIVERY A. Signature X ■ B. Received by (Printed Neme) cslte D. Is delivery address df ferentfrom item '1? If YES, enter delivery address below: 0 Addressee oLl11ry, —0 Yes 3. Service Typo fl Priority Mali EkWees® ❑ Adult Signature - .. 0 Registered MON ❑ Adult Signature Restricted delivery 0 Registered Mall Restricted ❑ Certified Melte Da very ❑ Certified Mull Restricted Delivery 0 Return Receipt (yr 0 Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery ❑ Eltinotum Canlirm iI o5 a r Imm rr,ndrn 101,4 ❑ Signatory Conlirmgtloa 10 0000 7562 1685 vostdated Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 U.S. Postal Servicer”" CERTIFIED MAIL® RECEIPT Domes.ic Mail Only For clef?very information, visit our website al e:ww.usps.lwr OLE WOOD SP[;I DIGS ) CO el_ Carllfrnd Moll Fes $3.35 i'sdm $civ eCos�d Peek ixer, widrd) ❑ Return Receipt ItterdcoP5) 8 40 0-- ❑ Return Receipt (electronic) E —40 Certified Mag Restricted Delivery s -s0- 00 ❑Mull Okinawa Acquired 8 0 M Signature Restdoted Delivery B Postago $0.70 nn 'usinpoanrikes • 112/07/2017 $6.80 vont 7h ,;ijA0 & S NIESLANIK LLLP wi• ACU X3118 S GRAND AVENUE GLENWOOD SPRINGS CO 81601 0538 09 EEsine r 7 Hare a FR • ru -a u7 r - a a a a ra ru -a PS Form 35 IS SECTION Id 3. dross on the reverse le card to you. sack of the mallpiece, permits. LLLP VENUE _[NGS CO 81601 II II II 11111111I1111I 6132 0304 59 a►n seIV1Ce lntfen 1 0000 7562 1692 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature X� B. Received by (Ain fry Name) D Agent G• ❑ Addresses C. Date of Delivery , D. Is delivery address different from Item 1? Os If YES, enter delivery address below: In No 3. Service Type O Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® 0 Certified Mall Restricted Delivery o0 Colecct on Delivery t on Delivery Restricted Delivery 0 Signature Confirmation"' 0 Signature Confirmation Restricted Delivery Restricted Delivery 0 Priority Mol) Express® ❑ Raglatared tlailna ❑ Reepisteroct Merl Resinclatt Delivery ❑ Rake n Merchandise gTar U.S. Postal Service"'' CERTIFIED MAIL" RECEIPT Domestic Mail Only ' For delivery intorinetlori, visit our website at www,liSpS.Canr. CHARLOTTE/ NC•2$262i . c sl oats NI r•DO $3.35 5 extra $ervleea & Pees orraekt,wt add fee © Return ReodPi (hardcopy) $ — ^ ❑ Return Receipt (electronic') S � 0_ ❑ Certified Mail Restricted Delivery $�{--- ❑Adull Signature Required $ _.$--- ❑ Adult Signature Regulated Delivery $ r'oetltge ToUd Poalago Hi Files $6.80 $0.70 ii.. 0538 09 y Poem* LL,f [147 Orli 02/07/2017 Snnr T° JG REAL PROPERTY LLC :Slrr'arrsrr14325 PAPA JOE HENDRICK airy g'°''BLVD CHAROLOTTE NC 28262 PS Farm 3000, April 2015 PSN75d0-u2.00. Phone 1 PSN 7530-02-000-9053 'HIS SECTION Itd 3. [dress on the reverse 1e card to you. Dack of the mailplece, parnTits. ;TY LLC ENDRICK TTE NC 28262 IIIIIIIIIIII 1111 1111 032 0304 66 service labell Domestic Return Receipt CCMPLETE THIS SECTION ON DELIVERY A, Signature nt Addressee B. Received by (Printed Name)jC, i =t: of DeityLiv► 5 E r tluiZa o J l -~ / O- D. Is delivery address different from (tern 1? 0 Yes If YES, enter delivery address below: p No 3. Service iype D Adak Sigeoture D Adult Signaler° Restricted Doiivery O Certified WOO D Coddled Mull Re:Misleal Delivery ❑ Collect on Delivery D Correct on Delivery Restricted Delivery eel jI Restricted Delivery 11000 7562 1708 PS_ Form 3811, July 2015 PSN 7530-02-000-9053 CI Priority Mall 1 spruss'fi ❑ Rtglslorod Melly" ❑ Re�jjletaryd Mott Reslrlclod Cailw'ry ❑ Return Rocapl for Mercharultse ❑ $fgnattae CorrThr ration TMC ❑ signature Confirmation Restricted Delivery Domestic Return Receipt rU rU N r-7 I1J -u N 0 U.S. Postal Service'"' CERTIFIED MAIL® RECEIPT Domestic Mali ^rdy For delivery information, visit our website at www.uapa.coaI'. XIII R NG N. C0 81601 Cortliiear MnnPoe $3.35 t r--unnAi c rt frtws tawµ•iSer7WW0p`I�-` ['Return Receipt (herdeepy) $yam' ❑ Rolurn nocolpt (olootmnto) $-:1111.2100 0 Certified Mali Resldcled Delivery 8—$0 ❑Adult Signature Required $ —$41-0 ❑Addllaigaet,uuuewlctsdD Itdary 8 Ppatngo 9 q6 'Petal Pot. osµ un ii'f . 80 Sem Th aeoffind.KELLER, DEBRA ANN & JOHN diguild, 5000 COUNTY ROAD 115 $0.7i l 0538 09, Fenimore FL a rr.1 ?rel 2/07/2017 U.S. Postal Servicer"' CERTIFIED MAIL® RECEIPT Domestic Mail Only 0 r -i N ru _a r1 0 N For rleeilvory information. visit our website at WIVIY.UUSPs.00/7 a. NWUOD . SPRIIG8 e C0 81601 CWilarrAliti no $3.3r n3 lees ORS feaoNitwr, aid oa c ❑Ratum Receipt (hardcopy) $ -- .�Jy.-PPttUr�. ❑ Relum Receipt (electronic) $ ...•.$i-r- ❑Cedlaed Mall Restricted Delivery $ .110 r ❑Adult signature Required omen e1$iI Ura Restricted Delivery $ - Postage s $0.710 ani Aa• g KOR, TRUST s'iTo & MEYERS, PAUL (RUST sf'551i13537 COUNTY ROAD 115 of GLENWOOD SPRINGS CO 81601 0- 0538 0? Postmark Here P 9 Pori 1 11111111i 1111 deli ins HIS SECTION COMPLETE THIS SECT/ON ON DELIVERY Id 3. (dress on the reverse ie card to you. back of the mallpiece, permits. ANN & JOHN P 'AD 115 NGS CO 81601- 'JI613II IIIII2 II0304 73 II II III III em service lab>lA 0000 7562 1715 fit Addressee C. Date of Delivery 1 D. Is delivery address different from 11? f] Yes i\ If YES, enter delivery address bel ❑ No 3. Service Type 0 Priority Mali Expresso 0 Adult Signature 0 Regertered Mallt ❑ Adult Signature Restricted Delivery 0 Roglstered MaH Res-elated1 ❑ Certified Molle Delivery ❑ Certified Mall Restricted Delivery 0 Return Receipt for o Collect on Delivery Merchnndioe ❑ Collect on DeUvery Restricted Delivery 0 Signature Conllrmation a Si 0 Signature Confirmation el Restdoted Delivery Restricted Delivery ) )15 PSN 7530-02-000-9053 - THIS SECTION , arid 3. address on the reverse n the card to you. ie back of the mallplece, ce permits. ;IT JL TRUST ( ROAD 115 RINGS CO 81601 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY attire 11111111111111111111111 9590 9402 2063 6132 0304 80 calved by Med Name) J SV • D. Is delivery address di1 dent. feom It If YES, enter deliv r dreg be 04: ant L7 Addressee C. Date of Delivery l amt? ❑€ t w: f3'ft�v ' r 3. Service Type , EJ Priority Mat Fixprees ❑ Adult Signature 0 Adult Signature Restricted Delivery 0 Certified Mall® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery • +I.r— •r.. r ., fl lnr from nPrvire label) 0 Collect on Delivery Restricted Delivery 7016 2710 0000 7562 1722 Il Restricted Delivery C! Registered Make'* ❑ ROeglstmry d Mef Rc$tdcted O Roium Receipt for Meecitandis ❑ Slgnalure Col' ❑ Sfgludure Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 U.S, Postal Service' CERTIFIED MAIL® RECEIPT Dor : stic Mall Only delivery Information, visit our website at mom. risps.conii-, 61.E1 E`1000.' SPR1 {1US ► C,p 81601 Cert ked Mall lad $3.35 8' xlre Services & Fa5 u)raekbu` eddran$e/ ❑ HOW rRoc elpt(hardcopy) ['Return Receipt (electronic)) $eO L4�-- 0 Certified Mall Restricted Delivery $ or; Oct_ ❑Adult Signature Required >t " i e :0-- ❑ Adult Signature Restricted Delivery $ Postaaa $0.70 mnit nstngaand 02/07/2017 Y MDIGLIA, LOUIS & Sone To DONNALYNE sfrdornnrfkpl[Wi4002 COUNTY ROAD 1:15' oil stare rpatGLENWOOD SPRINGS CO 81601- 0538 Postmark Here Ps Form 3500, I1S SECTION id 3. tress on the reverse e card to you. lack of the mailpiece, iermits. & Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY B. Received by Piloted Name) C. Date of Dollveiy IAD 115 (NGS CO 81601 - fib [ rb1J 513 IIIII2 II0(III304 I97lII111 ce..1 MM..' D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: D No 3. Service Type O Adult Signature 0 Adult Signature Restricted Delivery ❑ Certified Mall® 0 Certified Mall Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0000 7562 1739 aestricted Delivery ❑ Pneelty MoilF_Neesseis ❑ Registered Mail' , 0 Re01aieafd Mali Resinoted; Delivery ❑ Return Receipt for I Merchandise ❑ Signature Confirmation", ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt m Ire ti -D u1 s __ 1'- tru lcea & Feer rry+oskhar• edrlrocp Sal ID Return Receipt (hardcopy) ���e, D ❑ rW Return Receipt (electronic) $ .$0 r-- D ['Certified Mall Restricted Delivery $ 0 Adult Signature Required F-r..ayA,— [] Mall Signal un Restricted Delivery $ Or? Poland 4V D D D D L7 1-9 r- ru r1 U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic M.e;i uniy For dalivary InloruIitic u, visit our website frilViRuuVpS.Cdm' GLENWOOD • !RI N65 r,. C0 81.6{1 c I of a on •. s kola* x!mgiaVVpxi Frain caarkbar(.rddreola* Er' Roaelpt (hardoopy) S ❑ Return Receipt (electronic) 9 ['Certified Mall Reetrlcted Delivery $ ['Adult Signature Required $ _ ❑ALJall Srqrollire latricied Delivery 6 I7oehlgc $3.35 $I:1.70 Tatul Pae Inge on eoa $ $6.30 ;i l: _.0538 • •49 Poelniark .. • Here ', o72`i1 u2/07/20;7 swatro LANGE, REf3E CA L & -[ kOy/A tilaiit4US'4348 COUNTY ROAD 115 aki-goicoGLENWOOD SPRINGS CO 81601 PS Forrn 3800, April .r • ^ .. SECTION 3. iss on the reverse )ard to you. k of the mailpiece, nits. ..L & TROY A .D 115 'IGS CO 81601 111111111111111111 32 0305 03 COMPLETE THIS SECTION ON DELIVERY A. Signature X D Agent dtiressea B. Rectify is rated Name) C. Date o Delivery k� ty. C -rt I D. Is dA 4 ey adrlrlM different from item 1? r1 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery O Certified Matte 0 Certified Mall Reslrfoted Delivery LJ Coffee! on Delivery 7 Collect on Delivery Restricted Delivery ail lj all Restricted Delivery I twn, cwnri 100 7562 1746 ❑ Prforlty M811 Expresso➢ ❑ Registered Malin' 0 Registered Moll Restricted Delivery 0 Return Receipt for Merchandise ❑ Signature Confirmatioh.M r7 Signature Conlirmaibn Re ttloted Delivery SENDER: COMPLETE THIS SECTION U.S. Postal Service'"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delIV ry information, visit our website at vrnw.osp8,Com``. GLENiJOO#Y 5FR1 NGG C0 81602 Mified FSI Fee $3.35 7016 2710 $O.71) insect Postage and Porta s $6.80 .908f To 8Irea7QnSMILNER. KEVIN L ,PO BOX 302 arlGLENWOOD SPRINGS CO 81602 0538- 09 Peek -emit • Here 02M7/2017 - PS Far U.S. Postal Service" CERTIFIED MAIL® RECEIPT Da nestle Mall Only F rr delivery lnlarmstIon, v1Fit our webalie at wwtv,tlsps.cern". 2, and 3. I address on the reverse Ti the card to you. he back of the niaifpfece, ce permits. °JL RINGS CO 81602 1161,11311j11.1110111111111 111110311051111111111 10 sir SlNV%Cee lRlhell ------- 0000 0000 7562 1 Psry 7330.02-000.9053 E THIS SECTION 2, and 3. HEW VOW NY 1.00119 d address on the reverse 053' rn the card to you. {jg the back of the mailpiece, Corlitted Mull Fen 83. 35 gp}gp5(Vt�i ice penliits. toServices Value eHd volt .gf'. i _ . ❑(Rattan Receipt (hardcopy) 13 ; ❑ Return Receipt (electronic) $ _�tCLD ['Certified Mall Restricted Delivery $ ._SCS --$ [jAdult$Ignoire Rettectrd Dellvery$t t ,'.0 0 / r Postmark Here Postage Li -t Postage Sant 1.3 $0.70 t •02/07/2017 sir^ 1 NEC IADEIM PROPERTIES LLL' 680 FIFITH AVENUE &iroo+iuuli+�i'..7TH FLOOR oi4.4NEW YORK NY 10019 PS Form 3600, Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature X ti. Received Nnm ) Miler" er" ❑ Agent ❑ Addressee C. Date of Delivery D. Is cis/Wary addressdifferent from? Yes ``—� 1' 1f YES, enter' delivery address below 1? ❑ No 3. Service Type O Adult Signature rJ AdulRe lt Signature Reskictpd Delivery Cert11400 0 Certiifed M8!! Reelrlctod Del very o Collett on Delivery 0 Co! lecr M, neOvary Rosvicied Delivery 753 osIrioiedDerivery 'ROPERTIES LLC ENUE f 10019 131161311111111I20305IIIIIIIIIII27 (mm service label} 7016 2710 0000 7562 1760 Cf Ariodty Mal! E•xprossei o Regls@ered MayrM o Pogrom! Mab Roslriotvd Delivery Ll ftelurn ties eipt fdr Morcllsrtdrna O Sliver tura CQii$ matlont,., 0 Signature Conrlrnla(ien Reelricred °meiy Domestic Return Receipt COMPLETE TRIS SECTION ON DELIVERY A. SI itit r X. `l. B. • eceived by (Printed Name) ❑ Agent fl Addressee tap f(Relively D• Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type 0 Adult Signature 0 Adult Signature Restricted DelNery 0 Certified Mall® 0 Certified Mall Restricted Delivery 0 Collect on Delivery 13 Collect an Delivery Restricted Dewery Aell :lull Restricted Delivery ' 7y PS Form 3811, July 2015 PSN 7530-02-000-9053 ❑ PrWNty Mall Expense ❑ Registered Mall," 0 R ml isleMoll Rc t ,ctedi Demo ❑ Return Receipt Mr Merchandise ❑ Signature ConfirmatlonrM 0 Signature Confirmation Restricted Delivery Domeetic Return Receipt r9 tr r- rR ru ..n r- O 0 1-1 Tb IN Postage and Fen ✓ ug $6.80 U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.f,sps.Com4. GLE1NWOOD .SrRIHG?i• c 81.601 +~articled It1tJl Fee $3.35 �.r� txtraSocvk{th eatt aes.[!Laxaod,aotylrq Li Return Receipt (hardcopy) $--S ae ❑ Wien Rnneipt (electronic) $ -_ ❑ Certified Mell Restricted Delivery $ ❑ Adult Signature Required $ 0 Adult Ett3L Iurn Reel rioted Delivery $ 701!t-- . 0-7 Postage V1!t-y.I0-i- Postage Total Peonage and Fees $ $6.80 Seer m til;a1daOWEN, JENNIFER•.. -0I.3r67L5050 COUNTY ROAD 115 ...... GLEN WOOD SPRINGS CO 81601 $0.71) 0538 09 P1iitisnrk Nora ✓�� / 7'7,7 02/07/2017 PS Fool U.S. Postal Service'"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For dallvery Inlormatton, visit our v,obsite al iviviMusps.cont". A EN,. CO 81614. .r .14 "-_ act Mali -Fee $3.35 s idm� ueairenearraa..addPro x7 ❑ Roblin Receipt (hardcopy) S -- i ❑ Return Receipt (electronic) S—Sae t D Certified Mail Restricted Delivery ❑ Adult Signature Required S l.flq °Adult Signature Restricted Delivery S Poshise tai oalkagogndFoos $ $6.80 0538 ((9 Postmark "°I, , • 02/07/2(117 Spilt To PATILLO, JOHN & ALLISON N .x.220 WEST MAIN 210 ASPEN CO 81611 U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at vnvw.uBps.Dom°r. GLENI400D SPRING8_r 00 81601 rd riecl Faa 35 tchnscorrcosapaisfterftIa add fat 0 Return Receipt (hardcopy) 3 __ _ ❑ Return Receipt (electronic) 3 -.-64:940_ ❑Certified Mail Restricted Delivery $V ""Grl ❑ Adult Signature Required $ tv0$.070— { ❑/Mull $rpnate a Restricted Delivery $ irr���i Pollan° $0.70 D sant To offaliPECKHAM, ROBEIkT$ TERESA 3001 SOPRIS AVENUE GLENWOOD SPRINGS CO 81601 =1"6"1111411111111"1"1161"1.111"1111"11114=11., n1..11111111,.._.....1_1 - ,,0 0000 7562 17'91 1! :. t 0538 09 PirAraruk Harr) 02/O7/i617 r ,D 115 NGS CO 81601 & ALLISON N 210 THIS SECTION Seri 3. iddress on the reverse the card to you. a back of the maiipiece, e permits. _ BERT & TERESA VENUE PRINGS CO 81601 dill IIIIIIIIII20305 5IIIIIII8III 163 613 a.r frnm �arvfrrz IRhall — - COMPLETE THIS SECTION ON DELIVERY A. Signature B. Rectal rid by (Printed Name) /gent Addresser+ . C. Date 0110slivery D. Is delivery address different from item 1? 13es If YES, enter delivery address ba(ow: is No 3. Service Type ❑ Priority Kw Ex DM° ril ❑ Adult Signature ❑ Ragl3I@rrd 1Attll ❑ Adult Signature Restricted Delivery ❑ deavary d Mali Restricted ❑ Cortilled Mall® p Relurn Rgcalptlar ❑ Collect latah Restricted Delivery Etalorn R crit ❑ Collect Denver} atl Delivery CI Signature Continuation," ❑ Collect on Delivery Restrict 0 signaturMerchandise Conllmtatlan Al Re$lricted Delivery til Restricted Delivery Domestic Return Receipt PS Form 3811, July 2015 PSN 7530-02-000-9053 r • n- o ru .rl t�7 C7 d 0 ✓ 9 Cs- ru `ru .A r -a r - U.S. Postal Service"" CERTIFIED MAIL° RECEIPT Domestic Mail Only Fordollvory information, visit our website al c:V lcuvus.rom l.00VEL 4D i :p' 3953.7 b7ar�it trip ifrel Hier • c• m Servkes roes ita 4$hex de 1.1 DneuseReceipt fnordeatry) $-� ❑ Return Receipt (electronic) $ -� t ❑ Codified Moll Reethotod Delivery $ . ❑ Adult Signature Required S.' ❑ Adult Signalers Restricted Delivery $ Footage $0.70 $ T.:mow-agorn REOLIHAM, ROI3 Seal To & RICHARD ALAN :Srruelerad. itJ6409 JORDAN DRIVE cork- I;rth:-Bw:LOVELAND CO 80537 1 EB 0oelif3 Hare ta. . ■ ;4 PS Form 3800, ru 1:13 r For delivery information. visit our websito D1 Hetvw.usp$4t /nd. i, JOHH8TOWN r : . L 1 THIS SECTION COMPLETE THIS SECTION ON DELIVERY !, and 3. 1 address on the reverse 'n the card to you. he back of the maiiplece, ace permits. A. Signature B. Received by (Printed )BERT RAYMOND LAN DRIVE 017 r' 0 80537 A914dND 111111 111111 IIIA I1 I III )63 6132 0305 65 } ate of Delivery ▪ I/ D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 1] No #)r from service obeli ''-' ---'--Ila 2710 0000 3. Service Type 0 Priority M¢q ErcernSs® ❑ Adult Signature 0 Registered Mellh' ❑ Adult Signature Restricted Delivery ❑ Registered Mall Resticled 0 Certified Mail® Votively 0 Certified Mall Restricted Delivery ❑ Collect on Delivery 0 Collect on Delivery Restricted Delivery 7562 1807 PS Form 3811, July 20 _15,PSN7530,+.02-r)pDY.f)9tff2r., U.S. Postal Service - CERTIFIED MAfL® RECEIPT Domestic Mail Only For clelivory information, visit our wobsite at www.ushs,cni'. • I GLE Oa-'sp8i NGS t> 81601 . - �rxiilluel • al Fee $3.35 S . • m en e3-67,002plonkbew+aUrat Eich claw Receipt (hardcopy) $ V�tj� �a ❑ Holum Receipt (electronic) $ _ 0--- 0 Certified Mar Restdoted Delivery ${.-- El Adult Signature Required $,_tee -- ❑Adult 5IgnalRdwkiedotilimy $ Postage um Y $0.70 oY `0-i nRnnc 8 Soot TO :so 0538 09 Postmark )879 ('2/07/2017 sue:afiiiiwaPROHL COOPER, PRISCILLA D EN -44350 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601 PS Form 3000, • tr ,, - _ THIS SECTION and 3. iddress on the reverse the card to you. 3 back of the mailpiece, e permits. ;R, PRISCILLA D ROAD 115 PRINGS CO 81601 11.11116111!1,11°1131,111111 3II 0II 72 U.S. Postal Service"" CERTIFIED MAIL® RECEIPT poMesic Mail Only ii;; Cor MedMu$Fou $JrJJ s --�p oes fowl bur, adlr TeeTal ❑ Return Receipt (hardcopy) - _ ❑Return Receipt (electronic) $ Poow, i ❑ Certified Mall Restricted Delivery $ _$Ofj�_ '• Here ❑ Adult Signature Required $.___r�t Vi_OC�T I7 AC•,115lgnnruw Restricted Delivery $ ��� PoMego 8[1,711 ate Fiiroliego error- s ni t?2/1371201 ? s ROSSI, PAULET"1 E 0538 09 &lid To IRREVOCABLE TRUST a;40eihiwApi Kc4431 THOMPSON PKWY aiti- fiira 2i'I4a JOHNSTOWN CO 80534 PS Form 3800, T� or &rrm service label) 710 0000 7562 rioted Delivery f7 Potum fecdlpt for Merchandise 17 Signature ConFlnnationTm ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt COMP/ FTE THIS SECTION ON DELIVERY jiv ❑ Agent 0 Addressed eceived by (Prrntei Nam) ht. Ili C. Date * Deli 0 ❑ No • Y Is delivery address different from item 1? If YES, enter delivery address below: a 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mall® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery 1814 Itrloted Delivery ❑ Priority Mail Ert{uess2 0 Reglsterad Mails' ❑ Registered Mall Restricted 0 Reiumtrvary DoReceipt for Merchandise 0 Signature ConfrmatlonTM ❑ Signature Confirmation Restricted Delivery 015 PSN 7530-02-000-9053 UST KWY D534 Domestic Return Receipt f 1-1 r N ru .11 rR ' O N ru nJ N O 0 ru ..D rI O N U.S. Postal Service" CERTIFIED MAIL'' RECEIPT Domestic Mail Only For dellvor Inforimlion, visit our mingle at www.oapa.conl°. BASALT, CO al. r.torlift.. f Ftw $3.35 J5 3 )"trim Servkz.9 ith-Nems &the 1ppL la7F1 ci Return Reoalpl(hardoopy) $. ��II �,P-l.i1-. • u Rotum Receipt (elenlronln) $`-,'x(.00 ❑Cedifled Mall Restricted Delivery $ $0 r (113 .. ❑Adult Signature Required ❑Adult FglnMrue ReetrIcled 90 @iy $ Postage $0.70 Tata'oel� thgo end -Pomo $6.80 05338 09 • Postmark qri 02/07/2017 Sr+nlTo • tr i, ,t i $ r /srru r RUDD, WAYNE I*, two, zip -,0132 PARK AVENUE PSForm 3ao0BASALT CO 81621 COMPLETE THIS SECTION ON DELIVERY on the reverse to you. )f the mailpiece, ts, B. Fleceived Kenn(l 4rratrl) 11111111111E1 2 0305 96 rvico Jab&1 ❑ Agent 0 Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address bolow: ❑ No 3. Service type o Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mall® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery 0 Collect on Delivery Restricted Delivery - I ] 0 0 7 5 6 2 2 4 91 I Restricted Delivery 0 Priority Mall Ex ressiS ❑ Registered Mem ❑ Registered 1%031 Restricted Delivery 0 Return Receipt for Merchnndlse ❑ Signature CoriflrmationTrn 0 Signature Contlrmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domerrtic Mail Only - " • ' _ • --- IS SECTION Ford 3i'• Inf. •ti f l it GL NWOOD •SPRIN $11 CO 31602 caiiedHkii>•ee $3.35 ;aka Sorvicoseoe rata* m r, odd ran ❑ Return Receipt (herdccpy) S ^r ❑ Return Receipt (ela;lranic) s _AD $f4ye--.— ❑ Certified Mall Restricted Delivery $ —$0100— ❑ Adult Signature Required 5 01-00—. QM LII Signature Restricted Delivery E Rt. t .Jc.I Poeea[w $13.70 ktetPastes°re littG. 0 soak} .gilt e,i/ASAMUELSON, RAUN & GA1'Ll; orinGLENWOOD rary:rPO BOX 297 SPRINGS CO 81602 --`� r`" 0538 Postmark ti 09 02/07/201•7 Id 3. dress on the reverse to card to you. )ack of the mailpiece, permits. SUN & GAYLE , JNGS CO 81602 6132 IIIIIIIIIIII0308 02I IIIIII m m ru ru ..D r- 1=1 17 17 O L7 r1 r�- ru r-1 D U.S. Postal Servicer" CERTIFIED MAIL° RECEIPT llomestio Mail Only `or dollvery information, visit our wobslte at WiyKCtla s.co m'. HI NSOALE s XL 00p1 C,e'tiflad Mali Fee £ $3.35 ittc i'e SeNkes $ roes faro; eez add 14016702154.4�y���y /] Return Receipt (hardcopy) $.-_ $ ❑ Return Receipt (electronic) $ —$0 00 AA ❑ Certified Mall Restricted Delivery $�7Vh ❑Adult Signature Required ❑ Adult sgneture Restricted Delluery $ PoeMf[e $0.70 yy 2! terPostage � 13 FER, AN'I'f�[)N0y�'!7 ra Domestic Return Receipt COMPI FTE THIS SECTION ON DELIVERY Yfl f a Rec: : • by (Prin Name) C. Date of Delivery D. is delivery address different irem'Item 1? 11 Yes If Yes, enter delivery address Work: ❑ No lure Agent 'r 0 Addressee . f 1t ?r;to I m service lslrall 0000 7562 2363, 3. 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U.S. Postal Servicee" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery ihformation, visit our website at WWw ttspS.COffl . GLEN +ODD. SPRINGS', 00 $1602 Conarrott M4it me 7 35 s '5110 ru GDS ert8 hrx+lbar, ail res aldl ❑ lialum Receipt (hardcopy) $, �{� ❑ Return Receipt (electronic) $ —$O V0— ❑ Certified Mall Restricted Delivery $--40 04.— ❑ Adult Signature Required $ -0 .rQo ❑Adult 8II$M ru R11a1etei Delivery $ _ Pomo* 10.70 Tama Posing() and ec . $0 Sant To CI ,;_1_ 0538 09 Postmark gbre');Yf 02/07/201=7 Muoelorrir*SPRING VALLEY HOLDINGS LLC PO BOX 1146 "t°te'l GLENWOOD SPRINGS CO 81602 PS Form 380 r, pr . UST 5062 HOLDINGS LLC 'RINGS CO 81602 •'' U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only Fivory Information, visit our website at www.usps,aom'. GLENWOOD. 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GLENWOOD•SPRINGBr CO 81602 4 _ Corti au fee $3.35 5 3• S nealr7reclydenaJdreo `Cxtm use ❑ Return Receipt (hardcopy) a ❑ Return Receipt (elecirunlc) $ El Certified Mall Resldcted Delivery $ D Adult Signature Required $ ▪ N7ulrSlynRtureRestricted actively $ P aatege s niter POR fie audit 80 —-- S oot lb ,trpararrtlhlN US FOREST SERVICE PO BOX 948 ▪ 'Yi.GLENWOOD SPRINGS CO 81602 0533 09 Postmark Hera 02/07/2017 IS SECTION 1 3. tress on the reverse card to you. tct< of the mailpiece, :ermlts_ :CE ' GS CO 81602 )1,1131121��� III1III ) 0306 71 • Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY it Cl Agent © A<Idr calved by (Printed ame) Date of D very , D. Is delivery address different from item 1? ® Yes If YES, enter delivery address below: p1No i service tab&) 000 7562 2439 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. 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Postmark Hem ]] it 1 t7 c111 02/07/2017 .a-67176-1 nt T° - VELTUS, LOIS ,A m1451.4"""6651 COUNTY ROAD 115 t iiy glio iw GLENWOOD SPRINGS CO 81601 ,• PS Form 3600, • p U.S. Postal Service'" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www,usp con GLE (4000..: SPRI N8 r CO 81601 Rio $3 rRt.35 ioucervlcos rem feircottrtl7', edetros.are) Receipt(hardcopy) $-_.. a- ElReturn Receipt (electronic) $ --61313'— ❑CertiAed Mall Restricted Delivery $ ❑Adult Signature Required ❑ Adult Signature Restricted DapYary $ 1 0538 Postern* Here .I .09 Po>elirgo $0.711 rota' Festiva en -i —02/07/20,17 s W�, GREGQRYTHOMAS & / 9o4'74 PINE, SUMMER arm: endApt. fki 47 44 COUNTY ROAD 1 15 ant &rife, trw•I GLENWOOD SPRINGS CO 81601 PS Form 3600, 2 .0 ..I IS SECTION l3. ress on the reverse ) card to you. ack of the mallpiece, ermits. W 115 JGS CO 81601 111!1,1101131°161 IIIIII88 ;service label) 000 7562 244 COMPLETE THIS SECTION ON DELIVERY A. Signature X er " tresses 0. ',lea�,p & B. Received by (Printed Name) D. Is delivery address different from item l? 0 Yes If YES, enter delivery adfebelow: LINo 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mali® ❑ Certltied Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Aall 6 rail Restricted Delivery r �e; ❑ Prlatity king Expre4s9 O Reg:etered O R_ agistcred Mall Renlrlcled flanvary Q ROMA RecCiptfor Merchandise ❑ Signature ContirmatlonTM ❑ Signature Confirmation Restricted Delivery D15 PSN 7530-02-000-9053 THIS SECTION and 3. address on the reverse the card to you. e back of the mailpiece, 'e permits. Y THOMAS & B LOAD 115 'RINGS CO 81601 1111111112101,1 IIIIII06 9IIII5 63 613 a.ir�r� Al,mhor err enefpf frnm enrlicn Inh it U.S. postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For' delivery information, visit our website at www.usps.com.,. GLENW-QOD: S�,IINGSr C� 434,601. 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Service ljrpe 0 PriorityMalr Eames:® ❑ Adult Signature 0 Aogielerud MOlis'e 0 Adult Signature Restricted Delivery 0 Registered Mai<Roar rlcted CI Certified Mall® DDeenwi ❑ Certified Mall Restricted Delivery 0 R n Receipt �for 0 Collect on Delivery MerctrentilG Slgnalure Contfrmatlonr" ❑ Collect on Delivery Restricted Delivery 0 signature Confirmation Restricted Delivery Restricted Delivery 53 015 PSN 7530-02-000-9053 lli1V1J LLQ W AD 115 NGS CO 81601 Domestic Retum Receipt rr- r1J U.S. Postal Service"' CERTJF!ED MAIL° RECEIPT Domestic Mail Only For delivery Information, visit our website at www.usps.coni*. I . . Certified mad Feu $3.35 $7.47 r .x1rA : , I F • IMF . -hw-k thu. add G.n 4 lath l CJ RAturn RA.^Alpl nwrrlcnpv) b . 1/h1�tt11, 0 Return Rucelpt fAlAn!rnnln) _0 r i,r1T 11cartllled Mall Restricted Delivery $ 00] ❑ Adult SIgnature Requlled 9 . . $0-:0O— °Ada l Signature Restricted Delivery $ Pm urea $0.70 'rein s BUREAL4 ' LAND' 5°7'TIMANAGEMENT mriii=2340 RIVER FRONTAGE ROAD tw. SILT CO 81652 1,1 Postmark Dere l 09. J2/)7/2017 AS F ,[rc6StpM, SECTION is on the reverse 3rd to you. of the mailpiece, nits. LGE ROAD !11111111111111,111 •2 0303 12 �rvb:a Iar]QI) 00 1593 COOPLETE THIS SECTION ON DELIVERY slur X B. Rec.ived .V1 rated Name) 0 Agent CJ Addressee C. Date of Delivery D. is delivery address different from item 17 0 Yes If YES, enter delivery address w: 0 No 3. Service Type ❑ Adult Signature 0 Adult Signature Restricted Delivery 0 Certified Mall® 0 Certified Mali Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restrloted Delivery r,._.....�Mall Mall Restricted Delivery nRY 2944 PS Form 3811, July 2015 PSN 7530-02-000-9053 0 Priority Mall Express® ❑ Registered Mafi^" ❑ Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature Codirmationm, 0 Signature Confirmation Restricted Delivery Domestic Return Receipt 411:: Garfield County Road & Bridge January 26, 2017 Re: Spring Valley PUD and Development Agreement Amendment David, In reviewing the referral Road and Bridge have no concerns to allow an Amendment to the approved Development Agreement and PUD Phasing Plan for an additional 5 years to develop each subsequent phase of the Spring Valley Ranch development as approved. Thanks for giving us an opportunity to review. Any questions please don't hesitate to contact us. Sincerely Mike Foreman Garfield County R & B (970) 625-8601 Office (970) 625-8627 Fax David Pesnichak From: Kelly <sysanitation@yahoo.com> Sent: Tuesday, February 07, 2017 3:15 PM To: David Pesnichak Subject: RE: Spring Valley PUD & Dev Agreement Amendment - Referral Follow Up Flag: FollowUp Flag Status: Flagged Hi David, Spring Valley Sanitation District has no comments on this Referral. However, I noticed on the Referral List under Water and Sewer Special Districts that West Glenwood Springs Sanitation District is not listed. If you'd like to add them to the Referral List for future projects, their information is: West Glenwood Springs Sanitation District 51 Riverine Rd. Glenwood Springs, CO 81601 wgssa n ita t io n Pgm a i l.co m Kelly Mullane — contact person Thank you, Kelly Mullane, Administrator Spring Valley Sanitation District PO Box 1461 Rifle, CO 81650 970.618.5147 tel 970.945.0619 fax sysanitation@yahoo.com From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Monday, January 23, 2017 8:26 AM To: Gretchen E Ricehill <gretchen.ricehill@cogs.us>; Kelly Cave <kcave@garfield-county.com>; Wyatt Keesbery <wkeesbery@garfield-county.com>; jbuck@carbondaleco.net; Gretchen E Ricehill <gretchen.ricehill@cogs.us>; Spring Valley Sanitation <sysanitation@yahoo.com> Subject: Spring Valley PUD & Dev Agreement Amendment - Referral Hello, SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Elements Estimated Start of Construction Estimated Completion of Construction Phase 1 0 Cabin Lots April 2011 November 2011 0 Estate Lots 0 Ranch Lots 1 Pasture Lots 1 Sales Office 1 Gate House 4 Open Space Parcels Phase 2 20 Cabin Lots Completion by April 20 Months after Start of Construction 26 Estate Lois 2011 through April 20172022 9 Ranch Lots depending on economid marketingg conditions 0 Pasture Lots 4 Open Space Parcels 1 Light Industrial Parcel Fire Station in accordance with the requirements of the AHJ Emergency Access Road extended along the alignment of Highgrange Pass to the Landis Creek entrance at CR 115 in accordance with the requirements of the AHJ CR114 Improvements: From Road Centerline Station 160+00 as depicted on Sheet R41 of Exhibit 26 near CMC to the Main Project Entrance Phase 3 21 Cabin Lots April 2011 through April 2018 20 Months after Start of Construction 39 Estate Lots Completion f2y April 17 Ranch Lots '1110'1 depending on economic and marketing conditions 0 Pasture Lots 1 Mountain Lot 1 RR Parcel 2 Open Space Parcels Phase 4 8 Cabin Lots April 2011 through April 2010 Completion by April 20 Months after Start of Construction 0 Estate Lots _ 0 Ranch Lots 0 Pasture Lots 2024 econ 20 Workforce Housing Units and ecoonomicnomic and marketing conditions 4 Village Center Parcels 3 Open Space Parcels Phase Phase 5 Phase 6 Phase 7 Phase 8 Elements 48 Cabin Lots _ 7 Estate Lots 14 Ranch Lots 0 Pasture Lots 10 CH Units 2 CH Parcels 3 Open Space Parcels Emergency Access Roads extended along the alignments of Ouray Trail and Sapinero Trail to Highgrange Pass in accordance with the requirements of the AHJ 22 Cabin Lots 34 Estate Lots 18 Ranch Lots 0 Pasture Lots 1 Utility Parcel 24 CH Units 1 CH Parcels 3 Open Space Parcels CR 115 Improvements: From CR 114 to the Landis Creek Entrance to the Project 13 Cabin Lots 24 Estate Lots 1 RE Parcel _ 16 Ranch Lots 0 Pasture Lots _ 20 CH Units 2 Open Space Parcels 0 Cabin Lots 8 Estate Lots 26 Ranch Lots 0 Pasture Lots 21 CH Units 1 CH Parcels 0 Utility Parcel 0 Open Space Parcels Emergency Access Roads extended along the alignments of Red Cliff Loop to Highgrange Pass in accordance with the requirements of the AHJ CR 114 Improvements: From the End of the Phase 2 Improvements near CMC to the Intersection with State Hwy 82 _ Estimated Start of Construction April 2012 through April 2021 Completion by April 2025 depending on economic and marketing conditions April 2012 through Api i12022Gompletion PyApril 20.2.5 depending on economic and marketing conditions April 2012 through April 2023 Completion by April 2025 depending on economic and marketing conditions April -N -4 -2 -through April 202,1 Completion by April 2025 depending on economic and marketing conditions Estimated Completion of Construction 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction 20 Months after Start of Construction Phase Elements Estimated Start of Construction I Estimated Completion of Construction Phase 9 0 Cabin Lots April-2013 through April 2025 20 Months after Start of Construction 0 Estate Lots Completion by April 15 Ranch Lots 2025 0 Pasture Lots Depending on economic and marketing conditions 1 Open Space Parcel 0 Utility Parcels Phase 10 0 Cabin Lots April 2013 through 20 Months after Start of Construction April 2026 0 Estate Lots Completion by April 6 Ranch Lots 2025 0 Pasture Lots Depending on economic and marketing conditions 0 Open Space Parcel Mountain Phase 1 11 Mountain Lots Affil-2-0-1-1-through April 2018 Completion by April d 20 Months after Start of Construction Emergency Access Road through Mountain Phase 2 & 3 and down Landis Creek (see Note 2) ecepe on mic nnomic economic and marketing conditions Mountain Phase 2 11 Mountain Lots April 2011through April 2019 Completion by April 20 Months after Start of Construction 2024 depending on economic and marketing conditions Mountain Phase 3 10 Mountain Lots April 2011 through April 2020 20 Months after Start of Construction Completion by April 2025 depending on economic and marketing conditions Mountain Phase 4 15 Mountain Lots April 2011 through April 2021 20 Months after Start of Construction Completion by Anril 2025 1 Utility Parcel depending on economic and marketing conditions Mountain Phase 5 16 Mountain Lots April 2011 through April 2022 17 Months after Start of Construction Completion by April 2025 depending on economic and marketing conditions Phase Elements Estimated Start of Construction Estimated Completion of Construction Mountain Phase 6 6 Mountain Lots April 2011through April 2023 20 Months after Start of Construction Completion by April 2025 depending on economic and marketing conditions Mountain Phase 7 5 Mountain Lots April 2011 through 20 Months after Start of Construction April 2021 Completion by April 2025 depending on economic and marketing conditions Mountain Phase 8 3 Mountain Lots April 2012 through April 2025 20 Months after Start of Construction Completion by April 2025 depending on economic and marketing conditions Mountain Phase 9 3 Mountain Lots April 2012 through 20 Months after Start of Construction April 2026 Completion by ApjI 2025 depending on economic and marketing conditions Mountain Phase 10 3 Mountain Lots April 2012 through April 2026 20 Months after Start of Construction Completion by April 2025 depending on economic and marketing conditions Mountain Phase 11 8 Mountain Lots April 2012 through 17 Months after Start of Construction Apri1-2826 Completion by April 2025 depending on economic and marketing conditions Note 1: The emergency access road must meet the applicable minimum standards of the International Fire Code and the design must be acceptable to the Glenwood Springs Fire Department Note 2: The workforce housing units may be placed into other phases provided that the parcel in which the units are to be placed is platted and work force housing is a permitted use within the zone district of the parcel. EXHIBIT AMENDED AND RESTATED DEVELOPMENT AGREEMENT SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT THIS AGREEMENT, is made and entered into between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the "County"), SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company ("Developer"), and SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION, INC., a Colorado non-profit corporation (the "HOA"). The County, Developer, and the HOA may hereinafter be referred to collectively as the "Parties". WITNESSETH: A. Developer is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 1 ("Developer's Property"). The HOA is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 2 ("HOA Property"), which property was conveyed to the HOA by Developer for the purposes described in the Project Plans (defined below). The Developer's Property and HOA Property are collectively referred to as the "Property." B. By Resolution No. 2008-55, which was approved in a public hearing before the Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747015, and corrected by Resolution No. 2010-38, the Garfield County Board of County Commissioners (the "Board") approved the Spring Valley Ranch Planned Unit Development (the "SVR PUD"). The SVR PUD contemplates residential and commercial uses with significant active and passive open space areas (the "Project"), as documented in Resolution 2010-38, recorded in the real property records of Garfield County as Reception No. 786992 and incorporated by this reference. C. By Resolution No. 2008-56, which was approved in a public hearing before the Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747016, the Board approved the Preliminary Plan for the SVR PUD (the "SVR Preliminary Plan"). D. By Resolution No. 2012-95, which was approved in a public hearing before the Garfield County Board of County Commissioners on November 13, 2012, the Development Agreement was amended to include 21 phases, dates of completion, and the 11OA property description. D,E. The SVR PUD and SVR Preliminary Plan contemplate eleven (I l )twenty-one (21). separate phases of development for the Project, wherein each phase will require final plat approval. &F. The SVR PUD and SVR Preliminary Plan provide that the first phase of development of the Project will consist of one parcel (P-1) owned by Developer, on which is 1 located an existing dwelling unit, and the HOA Property, which consists of open space and limited entryway improvements ("Phase 1 "). Developer docs not plan, and Phase 1 does not contemplate, any new dwelling units. The County and the Developer recognize that this configuration represents a unique factual situation that does not create or imply any precedents for other developments in the County. FG. The SVR PUD provides that the start of construction for each phase is based on the date of approval of the final plat for Phase 1 (the "Phase 1 Final Plat"); provided, however, that the final plats for all phases of the Project are approved no later than fifteen (15) years after the date of approval of the Phase 1 Final Plat (the "Phasing Plan"). €i- H. By motion, dated July 21, 2008, the Board approved an extension of not more than one (1) year for Developer to commence development of the Project or submit an application for the Phase 1 Final Plat (the "Approved Extension"). ISI. Developer submitted a complete application for the approval by the County of the Phase 1 Final Plat in the time period allowed by the Approved Extension and has, contemporaneously herewith, brought the Phase 1 Final Plat before the Board for final approval. The County has considered and approved the application for approval of the Phase 1 Final Plat and the request to approve this Development Agreement, after notice and public hearing as required by law, and pursuant to the requirements of Section 5-305 of the Garfield County Land Use Resolution of 2008 (the "LUR"). The County finds and determines that the Phase 1 Final Plat constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68- 102(4)(a) and Section 1-202(B) of the LUR. 1-J. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the "Statute") and the LUR provide for the establishment of vested property rights in order to advance the purposes stated therein, and authorize the County to enter into development agreements with landowners providing for vesting of property development for periods greater than three (3) years. JFK. Development of the Property in accordance with the SVR PUD, SVR Preliminary Plan, Phase 1 Final Plat, and such future final plats that are approved for the various phases of the Project (collectively, the "Project Plans") will provide for orderly, well planned growth in accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide significant trails and open space, promote diversity of housing stock, ensure reasonable certainty and stability in the land use planning process, stimulate economic growth within the County, and otherwise achieve the goals and purposes of the Statute and LUR. I4 -L. Development of the Property will also require substantial investments in infrastructure improvements and public facilities, both on the Property and outside the Property, which will serve the needs of the Property and the County. Such investments can be supported only with assurances that development of the Property can proceed to ultimate completion as provided in the Project Plans and this Agreement. &:M. In exchange for the foregoing benefits and other benefits to the County contemplated by this Agreement, together with the public benefits served by orderly and well 2 planned development of the Property, Developer desires to receive vested property rights in the Project Plans in accordance with this Agreement. MN. In addition, and notwithstanding the foregoing recitals, in light of the current difficulties and volatility of the national housing and lending market, it may not be prudent for Developer to undertake the large expenditures of funds necessary to commence development of Phase 2 and subsequent phases within the time frame set forth in the Phasing Plan. In the event Developer decides not to commence development of phases subsequent to Phase 1 within the time frame set forth in the Phasing Plan or otherwise does not comply with the Phasing Plan, Developer seeks the County's assurance that it will undertake the procedures necessary to return the Property to its prior configuration and rezone the Property from PUD to a zone district that meets the requirements of law. In such event, Developer further seeks the HOA's assurance that it will re - convey the HOA Property back to Developer for the purpose of effectuating the return of the Property to its prior configuration. N70. The mutual promises, covenants, and obligations contained in this Agreement are authorized by the statutes of the State of Colorado and the laws of the County. NOW, THEREFORE, in consideration of the promises cited above and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the County and Developer agree as follows: 1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true and correct, and those recitals are hereby incorporated into the body of this Agreement. 2. General Provisions. (a) Scope. The terms and conditions of this Agreement shall apply to the Property. (b) Phasing. Construction of the Project is anticipated to occur in up to elan (1 1)twenty-one (21) phases, with Phase 1 being the initial phase of the Project, and construction of subsequent phases occurring in accordance with the Phasing Plan set forth in the SVR PUD. 3. Vesting of Certain Property Rights. The County and Developer hereby agree that Developer shall have a vested property right to the extent provided in this Agreement to undertake and complete development and use of the Property. (a) Intent of Vesting System. The vesting system set forth in this Section 3 balances the County's obligation to protect the public health, safety and welfare of the community and its desire to facilitate the highest quality development with Developer's private property rights and Developer's need to rely on County approvals to achieve an economically viable project. (b) Overview of Vesting System. 3 (i) Nature of Vested Rights. During the term of vested rights set forth in Section 3(d) below, Developer will have the right to develop uses at such densities and in the general locations on the Property described in the approved Project Plans. Upon County approval of any future final plats that are approved for the various phases of the Project, such plats shall automatically be entitled to the same vested rights as have been granted herein for the same period of vesting which remains under this Agreement. (c) Rights That Are Vested. The rights identified herein or as may hereafter be acquired by operation of any state or local vested property rights law shall constitute vested property rights under this Agreement and shall not be taken by the County without just compensation. These rights include the following: (i) No Downzoning. The maximum number of residential dwelling units and acres for residential use, and the total gross acres for non-residential uses, as set forth in the Project Plans are hereby vested. (ii) Uses, Densities and Locations. The right to develop the Property in accordance with the uses, densities, and general locations set forth in the Project Plans is hereby vested. (iii) Site Development Standards. The right to develop the Property in accordance with the design standards, development standards, and terms and conditions set forth in the Project Plans and the resolutions of the Board approving the same is hereby vested. (iv) Timing of Development. The right to commence and complete development of the Property at such time in such order and at such rate as set forth in the Phasing Plan of the SVR PUD. This provision of this Agreement supersedes any County rules or regulations that require development to be commenced or completed in any specific time frame. (v) Subsequent Approvals. The right to receive all County approvals necessary for development of the Project provided that subsequent final plat submittals or applications for other approvals comply with this Agreement and the -Project Plans, and all applicable standards and regulations, including then-current duly-adopted, generally applicable regulations. (vi) Site Specific Development Plan. As to the matters vested under this Agreement and the Project Plans, including any future final plats that are approved by the County for the various phases of the Project, shall be considered a site- specific development plan for the purposes of the Statute and Sections 1-201 and 1- 202 of the LUR. The following statement is provided to satisfy the requirements of Section 4-502(H)(2) of the LUR: Approval of this plan shall create a vested property right pursuant to article 68 of title 24, C.R.S. as amended. 4 (d) Term of Vested Rights. In recognition of the size of the Project contemplated by this Agreement and the Project Plans, the time required to complete the Project, the need to proceed in phases, and varying economic cycles and market conditions likely to occur during the course of development o f the Project, the County agrees that the rights identified as vested rights in this Section 3 shall be vested for a period of fifteen - (15) years from the effective date of the County's approval of this Agreement. (e) Adoption, Notice and Effective Date. The County has adopted this Development Agreement as a legislative act subject to referendum, as required by C.R.S. § 24-68-104(2). As set forth in and required by C.RS. § 24-68-103(c), within 14 days from the date hereof, the County shall cause to be published in a newspaper of general circulation within the County, a notice advising the general public of the approval of the Phase 1 Final Plat as a Site Specific Development Plan and the creation of vested property rights pursuant to this Development Agreement and C.RS. §§ 24-68-101 et. seq. The effective date of the County's approval of this Development Agreement shall be the date of said publication. 4. No Obligation to Develop. Notwithstanding anything to the contrary contained in this Agreement and the Project Plans, Developer shall have no obligation to develop all or any portion of the Property, except as set forth in the Subdivision Improvements Agreement for Phase 1 as the same may be amended. In the event Developer does not commence development of Phase 2 within the time frame set forth in the Phasing Plan and described below, the terms of this Section 4 shall apply. (a) In accordance with the Phasing Plan, the date for start of construction for Phase 1 shall be April 2014. Therefore, according to the Phasing Plan. the start of construction for Phase 2 must commence by April 201-72022. (b) At any time before April 1, 241-72022, the Developer may notify the County and the HOA of its intent not to proceed with the development of Phase 2 and subsequent phases. In such event, the Developer may withdraw the Project Plans in accordance with the procedure in Section 12-103(E) of the LUR. (c) In the alternative, the County and Developer agree that the Developer shall be in violation of the Phasing Plan on April 1, 2017 2022 if the Developer does not file with the County an application for approval of a final plat for Phase 2 on or before March 31, 2$1-72022, by notice to the Developer and the HOA. (d) As soon as practicable after the effective date of the withdrawal of the Project Plans described in Section 4(b) above, or the violation of the Phasing Plan described in Section 4(c) above, the Developer may undertake and the County will consider the procedures necessary to return the Property to the configuration that existed prior to the approval of the Phase 1 Final Plat, in accordance with the procedures set forth in 30-28- 139, C.R.S. and Section 12-106 of the LUR. As part of such process and immediately upon request of the Developer, the HOA shall convey the HOA Property to Developer, by good and sufficient general warranty deed, free and clear of all liens and encumbrances. Concurrently therewith, if requested by the Developer, the County shall undertake the procedures necessary to rezone the Property from PUD to a zone district that meets the 5 requirements of law. Nothing in this Agreement shall be construed to require any particular action by the BOCC on any such rezoning request. (e) Completion of the procedures described in Section 4(b) and (d) above, including any appeals thereof, shall constitute a forfeiture of the vested rights set forth in this Agreement. In such event, the County may memorialize the forfeiture of the vested rights set forth in this Agreement by resolution or other appropriate vehicle. In such event, the Developer waives any right to notice and hearing pursuant to Section 12-103(F) and waives all rights pursuant to Section 12-107 of the LUR. (f) In addition to undertaking the procedures set forth in this Section 4, the County reserves all of its rights, including but not limited to rights of enforcement, at law or in equity with respect to the Project Plans, and including but not limited to the right to enforce the terms of this Agreement or forfeit the rights conferred by this Agreement in accordance with law. Except as expressly set forth in this Section 4, the Developer reserves all of its rights at law or in equity with respect to the Project Plans and any action of the County with respect thereto, including but not limited to the right to enforce the terms of this Agreement. 5. Severability. If any provisions or parts of this Agreement are judged unenforceable or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the remaining parts of this Agreement, the intention being that the various parts and provisions hereof are severable. 6. Recording of Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder at Developer's expense and shall be a covenant running with and against all the property, property rights, and improvements contained within the Property described in Exhibits 1 and 2. in order to put prospective owners, purchasers, successors, assigns, and others acquiring any interest in the Property on notice as to the terms and obligations herein. 7. Binding Effect. Unless otherwise provided herein, this Agreement shall be binding upon Developer's heirs, successors, assigns, transferees, and any other person or entity acquiring or purchasing any interest in any of the Property. 8. Notice. Any notice to Developer or the County, which may be given under the terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent certified U.S. Mail and first class mail, postage prepaid, addressed as follows: TO DEVELOPER: Spring Valley Holdings, LLC Attn: Stephanie ZiniinermanDan el ` of€ll er--g Seligman Western Enterprises, Ltd. One Towne Square. Suite 1913 Southfield. MI 48076 Phone: 248-351-4876 6 San 4-a Reis.. f A 91 1 1 1- Fax: TO THE HOA: Spring Valley Ranch Community Master Association, Inc. Attn: A tt n. I Got 11 e ..g P.O. Box 1146 4000 County Road 11 S Glenwood Springs, CO 81602 Phone: 415.6582889 TO THE COUNTY: Garfield County Board of County Commissioners Attn: Community Development Director 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Phone: 970.945.8212 Fax: 970.384.3470 The Parties shall provide notice of any change in the above -referenced information. 9. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado 10. Counterparts. This Agreement may be executed in counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement, the Parties have set their hands below on this day of , 20 , DEVELOPER: SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company By: Name: Its: 7 ATTEST: By: Clerk of the Board ASSOCIATION: SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION, INC., a Colorado non-profit corporation By: Name: Its: COUNTY: By: Name: Its: Chairman 8 EXHIBIT 1 DEVELOPER'S PROPERTY Property description has not changed so it is only included in the clean version ofthis Development Agreement. 9 EXHIBIT 2 HOA PROPERTY • OSP Parcel A • OSP Parcel B • OSR Parcel A • OSR Parcel B of Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the Amended Plat thereof filed with the Garfield County Recorder as Reception No. 828064 10