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ACKNOWLEDGMENT OF PARTIAL SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Roaring Fork Investments, LLC (hereinafter"Owner"), entered into a Subdivision
Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter
"Board"), recorded in Book 1206 at Page 574 as Reception No. 569190 of the Garfield County records on
September 11, 2000; first amended and recorded in Book 1206 at Page 629 as Reception No. 569191of the
Garfield County records on September 11, 2000; then a second amendment recorded in Book 1206 at Page 637
as Reception No. 569192of the Garfield County records on September 11, 2000; then a third amendment
recorded in Book 1217 at Page 266 as Reception No. 572131 of the Garfield County records on November 14,
2000, for the improvements of the Rose Ranch P.U.D. subdivision; and
WHEREAS, the obligations of the Owner have been partially satisfied, as verified in attached statement
from Vernon D. Hope II, P. E., High Country Engineering, Inc. dated January 8, 2002, that the work completed
is consistent with improvements described in the Subdivision Improvements Agreement.
NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior
agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements Agreement
entered into by Owner and the Board for the release of security in the amount of $4,243,547.64 for work
completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining
$4,319,819.21 for the improvements remaining.
STATE OF COLORADO
)
)ss
COUNTY OF GARFIELD )
By:
Chairman
The foregoing instrument was acknowledged before me this 14`h day of January, 2002, by John Martin,
as Chairman of the Board of County Commissioners of Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires
Garfield County Clerk
January 8, 2002
Mark Bean, County Planner
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RECEIVED JAN 0 is
2082
Re: Rose Ranch P.U.D. — Revision to the Partial Release of Collateral Request
Number One
HCE Project No. 2000075.02
Dear Mark:
At your request we have reduced the amount in the first request for collateral release.
This reduction removes all work completed on the south underpass, which remains in
question with the county. Please see the following table and attached tables that outline
the revised quantities and funds being released.
Cost Estimate
Total
1st Collateral Release
Remaining
Phase 1 Public
Improvements
$7,021,526.24
$3,518,547.64
$3,502,978.60
Phase 1
Landscaping
$279,518.61
$0.00
$279,518.61
Cart Path
$891,726.00
$725,000.00
$166,726.00
RFWSD Payment
$370,596.00
$0.00
$370,596.00
TOTAL
$8,563,366.85
$4,243,547.64
$4,319,819.21
We are now requesting the funds in the amount of $4,243,547.64 be released and
considered complete. This leaves $4,319,819.21 to complete the remainder of the public
improvements.
1517 Blake Avenue, Ste. 101
Glenwood Springs, CO 81601
phone 970 945-8676 • fax 970 945-2555
14 Inverness Drive East, Ste. D-136
Englewood, CO 80112
phone 303 925-0544 • fax 303 925-0547
Grand Junction, CO 80501
phone 970 858-0933 • fax 970 858-0275
Mr. Mark Bean
January 8, 2002
Page 2 of 2
Please contact me if you have any questions or need additional information.
Sincerely,
HIGH COUN=I'R `.fN(JNEERING, INC.
Vernon. D. Hope,rIVP:E.
Princilfal
Enc M'
Cc: Gate Capitol, LLC — Bill Hatch
Gate Capitol, LLC — Richard Nash
Tim Thulson — Balcomb & Green
ROSE RANCH P.U.D. PHASE 1 PUBLIC IMPROVEMENTS
ENGINEERS ESTIMATE OF PROBABLE
CONSTRUCTION COST
July 6, 2000
1st Release (November 20, 2001)
HCE JOB NO: 97042.05
"k:\gprodata\file\97\97042\costest.xls (public improvements)
ITEM
QUANTITY
UNIT
COST
COST
1st Colateral Release
Quantity Installed COST Remaining
Grading and Earthwork
Mobilization
Earthwork
Earthwork for util. above ditch
Water Tank Base Prep.
Retaining Wall (Face Area)
Rock Excavation
'Road Construction
3" Asphalt
6" Class 6 ABC
1' Ribbon Curb
1.5' Median Curb
Check Dam Construction
Sod in roadside ditches
10' Concrete bike path
Maintenance Road to Water Tank
5' Concrete Sidewalk
CountyRoad 709
Improvements
*see Engineer's Estimate for breakdown
Highway 8.2.Intenaction
Improvements
*see Engineer's Estimate for breakdown
Storni Drain
18" ADS N-12
24" ADS N-12
30" ADS N-12
36" ADS N-12
42" ADS N-12
48" ADS N-12
24" C.M.P.
36" C.M.P.
10'x10' Concrete Box Culvert
18" CMP Flared End
24" CMP Flared End
30" CMP Flared End
Wing Walls for Concrete Culverts
Baffled Oil Skimmer
.Domestic Water
*price includes trenching and fittings
and restraints where needed
12" DIP Waterline
10" DIP Waterline
8" DIP Waterline
6" DIP Waterline
1 L.S.
1 L.S.
52173 CY
1 L.S.
6263 S.F.
1500 C.Y.
18,739 S.Y.
3,469 C.Y.
12,826 L.F.
1,248 L.F.
1,444 L.F.
1,137 S.Y.
4,623 S.Y.
2,008 S.Y.
28,102 S.F.
1 L.S.
1 L.S.
132 L.F.
424 L.F.
142 L.F.
65 L.F.
1743 L.F.
334 L.F.
60 L.F.
124 L.F.
85 L.F.
4 Each
10 Each
4 Each
4 Each
4 Each
6,539 L.F.
2,023 L.F.
9,794 L.F.
1,418 L.F.
100,000.00
300,000.00
11.00
10,000.00
32.00
30.00
8.00
20.00
9.00
11.00
2.00
0.50
29.00
9.00
4.00
511,508.00
745,016.00
27.00
30.00
50.00
70.00
90.00
110.00
32.00
72.00
1,050.00
200.00
250.00
650.00
1000.00
2500.00
54.00
41.05
31.33
20.00
100,000.00
300,000.00
573,903.00
10,000.00
200,416.00
45,000.00
149,912.00
69,380.00
115,434.00
13,728.00
2,888.00
568.50
134,067.00
18,072.00
112,408.00
511,508.00
745,016.00
3,564.00
12,720.00
7,100.00
4,550.00
156,870.00
36,740.00
1,920.00
8,928.00
89,250.00
800.00
2,500.00
2,600.00
4,000.00
10,000.00
353,106.00
83,044.15
306,846.02
28,360.00
0.50 50,000.00
0.75 225,000.00
39,130.00 430,430.00
1.00 10,000.00
0.00 0.00
1,500.00 45,000.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.80 409,858.00
0.83 618,266.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
334.00 36,740.00
0.00 0.00
0.00 0.00
85.00 89,250.00
0.00 0.00
0.00 0.00
0.00 0.00
4.00 4,000.00
0.00 0.00
1,307.00
1,162.00
9,738.00
700.00
70,578.00
47,700.10
305,091.54
14,000.00
50,000.00
75,000.00
143,473.00
0.00
200,416.00
0.00
149,912.00
69,380.00
115,434.00
13,728.00
2,888.00
568.50
134,067.00
18,072.00
112,408.00
101,650.00
126,750.00
3,564.00
12,720.00
7,100.00
4,550.00
156,870.00
0.00
1,920.00
8,928.00
0.00
800.00
2,500.00
2,600.00
0.00
10,000.00
282,528.00
35,344.05
1,754.48
14,360.00
12" Gate Valve 10 Each 975.00 9,750.00
10" Gate Valve 8 Each 850.00 6,800.00
8" Gate Valve 24 Each 675.00 16,200.00
1" Water Service 82 Each 1,000.00 82,000.00
PRV Vault 2 Each 16,500.00 33,000.00
Fire Hydrant Assembly 10 Each 2,500.00 25,000.00
Air Vac 2 Each 3,000.00 6,000.00
6" PVC Drain from Tank 880 L.F. 20.00 17,600.00
Pump House 1 Each 10,000.00 10,000.00
Pump House Appurtenances 1 L.S. 20,000.00 20,000.00
Water Tank (300k gal) Concrete 1 L.S. 450,000.00 450,000.00
Water Tank Appurtenances 1 L.S. 17,000.00 17,000.00
Water Treatment Building 1 L.S. 160,000.00 160,000.00
Water Treatment Appurtenances 1 L.S. 230,000.00 230,000.00
Water Treatment Pumps 1 L.S. 80,000.00 80,000.00
Connection to Exist Aspen Glen 1 L.S. 4,000.00 4,000.00
Settling Pond Intake Structure 2 E.A. 2,000.00 4,000.00
Sanitary Sewer'
*price includes trenching and fittings
and restraints where needed
8" SDR 35 Sewer Pipe
4' dia. Manhole
Sewer Services
4" PE Sanitary Sewer Force Main
Force Main Manhole
Below grade lift station
Concrete Encasement
5421 L.F.
23 Each
82 Each
9898 L.F.
24 Each
2 Each
481 L.F.
32.00
4,000.00
600.00
12.00
5,000.00
65,000.00
30.00
Shallow Utilities
*price includes trenching and fittings
Electric Utility Conduit & Wire 8650 L.F. 20.00
Electric Vault/Manhole 26 Each 600.00
Telephone/ Cable Utility Cond&Wire 8650 L.F. 1.00
Gas Utility 8650 L.F. 3.50
MMSeella/leitzS
Revegetate/Landscape 1 L.S. 50,000.00
Class I Ground Sign 7 Each 200.00
Sediment control fence 14854 L.F. 1.00
Erosion and Sediment Control 1 L.S. 5,000.00
173,472.00
92,000.00
49,200.00
118,776.00
120,000.00
130,000.00
14,430.00
173,000.00
15,600.00
8,650.00
30,275.00
50,000.00
1,400.00
14,854.00
5,000.00
4.00 3,900.00 5,850.00
7.00 5,950.00 850.00
24.00 16,200.00 0.00
69.00 69,000.00 13,000.00
2.00 33,000.00 0.00
10.00 25,000.00 0.00
2.00 6,000.00 0.00
0.00 0.00 17,600.00
0.00 0.00 10,000.00
0.00 0.00 20,000.00
0.90 405,000.00 45,000.00
0.00 0.00 17,000.00
0.00 0.00 160,000.00
0.00 0.00 230,000.00
0.00 0.00 80,000.00
0.00 0.00 4,000.00
0.00 0.00 4,000.00
5,421.00 173,472.00 0.00
23.00 92,000.00 0.00
82.00 49,200.00 0.00
1,776.00 21,312.00 97,464.00
8.00 40,000.00 80,000.00
0.00 0.00 130,000.00
125.00 3,750.00 10,680.00
8,650.00 173,000.00 0.00
26.00 15,600.00 0.00
4,000.00 4,000.00 4,650.00
4,000.00 14,000.00 16,275.00
0.00 0.00 50,000.00
0.00 0.00 1,400.00
8,500.00 8,500.00 6,354.00
0.75 3,750.00 1,250.00
SUB TOTAL $6,383,205.67
10% Contingency $638,320.57
$3,518,547.64 $2,864,658.03
$0.00 $638,320.57
TOTAL $7,021,526.24 $3,518,547.64 $3,502,978.60
This summary of probable construction cost was prepared for estimating purposes
only. High Country Engineering, Inc. cannot be held responsible for variances
from this estimate as actual costs may vary due to bid and market fluctuations.
ROSE RANCH P. U.D. - CR 109 IMPROVEMENTS
SUMMARY OF PROBABLE
CONSTRUCTION COST
July 6, 2000
HCE JOB NO: 97042.04
1st Release (November 20, 2001) k:\gprodata\file\97\97042\costest.xls (cr 109)
ITEM
QUANTITY
UNIT
COST COST
1st Colateral Release
Quantity Installed COST Remaining
Gratliit,'.ip�R.,,,,,
Earthwork 1 L.S. 126,000.00 126,000.00
Rock Excavation 50 C.Y. 50.00 2,500.00
4" Asphalt 9352 S.Y. 8.00 74,816.00
2" Asphalt 12032 S.Y. 6.00 72,192.00
12" Class 3 ABC 3150 C.Y. 20.00 63,000.00
6" Class 6 ABC 1600 C.Y. 21.00 33,600.00
Boulder wall 1600 S.F. 20.00 32,000.00
30" CMP
30" Flared End
24" CMP
24" Flared End
81 L.F. 50.00
2 Each 600.00
205 L.F. 30.00
8 Each 600.00
4,050.00
1,200.00
6,150.00
4,800.00
Guardrail CDOT Type 3 2658 L.F. 25.00 66,450.00
Revegetate/Landscape 1 L.S. 5,000.00 5,000.00
Class I Ground Sign 15 Each 250.00 3,750.00
Surveying/Construction Staking 1 L.S. 8,000.00 8,000.00
Soils Testing 1 L.S. 8,000.00 8,000.00
0.90
50.00
7,444.00
8,406.00
2,250.00
1,070.00
1,600.00
81.00
2.00
0.00
0.00
2,658.00
0.00
0.00
0.80
0.80
113,400.00
2,500.00
59,552.00
50,436.00
45,000.00
22,470.00
32,000.00
4,050.00
1,200.00
0.00
0.00
66,450.00
0.00
0.00
6,400.00
6,400.00
12,600.00
0.00
15,264.00
21,756.00
18,000.00
11,130.00
0.00
0.00
0.00
6,150.00
4,800.00
0.00
5,000.00
3,750.00
1,600.00
1,600.00
Sub Total $511,508.00
10% Contingency $51,150.80
$409,858.00 $101,650.00
$0.00 $51,150.80
Total
$562,658.80
This estimate of probable construction cost was prepared for estimating purposes
only. High Country Engineering, Inc. cannot be held responsible for variances
from this estimate, as actual costs may vary due to bid and market fluctuations.
$409,858.00 $152,800.80
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
CHRISTOPHER L. GEIGER
ANNE MARIE CALLAHAN
AMANDA N. MAURER
BALCOMB & GREEN, P. C .
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.9769
February 13, 2002
Mark Bean, Planning Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Mark:
OF COUNSEL:
KENNETH BALCOMB
Re: Subdivision Improvements Agreement Extensions/Rose Ranch
Relevant to the above referenced matter and as discussed, I have included herewith for your
review proposed amendments to the Rose Ranch Planned Unit Development, Phase 1, Subdivision
Improvements Agreement, which agreements constitute the third and fourth amendments to the
same.
As you will recall on September 17, 2001 the Board of County Commissioners at a public
meeting did extend the completion date of the public improvements to March 1, 2002. This
extension is included within the third amendment. Evidently a signed copy of this extension is not
previously executed by the Board of County Commissioners and this draft is merely to cure this
oversight.
The fourth amendment extends the completion date for construction of public improvements
to December 31, 2001. At present the letter of credit securing these improvements is set to expire
March 1, 2002. I have incorporated within this draft as a condition precedent to the extension that
Rose Ranch obtain and receive County approval for a letter of credit or other acceptable security for
the entire time period of this extension.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean February 13, 2002
Page 2
It is my understanding that you will be able to schedule this meeting before the Board of
County Commissioners on February 19, 2002. I appreciate your cooperation in this regard; please
contact me if you have any questions or comments regarding any of the above.
Very truly yours,
BALCOMB & GREEN,
TAT/bc
Encls.
xc: Don K. Deford, Esq.
Timo4iy A. Thulson
THIRD AMENDMENT
TO SUBDIVISION IMPROVEMENTS AGREEMENT
ROSE RANCH PLANNED UNIT DEVELOPMENT, PHASE 1
THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENTS
AGREEMENT is made and entered into this 19th day of February, 2002, by and between L.B.
Rose Ranch, LLC, a Delaware limited liability company ("Owner") and the Board of County
Commissioners of Garfield County, Colorado ("County").
WHEREAS, on September 13, 1999, Owner and the County executed pursuant to the
requirements and provisions of Section 5:31 of the Garfield County Subdivision Regulations, as
amended, a Subdivision Improvements Agreement which addresses and concerns the
construction and completion of the public and other improvements to be contained within the
Rose Ranch Planned Unit Development, Phase 1 ("Subdivision Improvements");
WHEREAS, under the SIA, Owner was required to complete construction of the
Subdivision Improvements on or before September 1, 2000;
WHEREAS, on July 10, 2000, and for the purpose of accommodating the delays
incurred by Owner in the filing of the final plat for the Rose Ranch Planned Unit Development,
Phase 1, Owner and the County amended the SIA ("First Amendment") for the purpose of
extending the date for completion of Subdivision Improvements to September 1, 2001;
WHEREAS, on September 1, 2000, the final plat for the Rose Ranch Planned Unit
Development, Phase 1 ("Final Plat") was filed in the records of the Clerk and Recorder for
Garfield County, Colorado. Coincident with the filing of the Final Plat, Owner and the County
further amended the SIA (Second Amendment) to allow Owner the flexibility of posting "other
acceptable security" for the completion of the Subdivision Improvements:
WHEREAS, completion of construction of the Subdivision Improvements under the
SIA, as amended, is presently secured under the Letter of Credit issued by Key Bank (No.
S00/97109) on November 6, 2000.
WHEREAS, Owner will be unable to complete construction of all the Subdivision
Improvements by September 1, 2001 — the completion date established under the First
Amendment;
E:\WP Docs\Felicia\Tim\RoseRanch.third.sia.extension.02.13.02.wpd
Rose Ranch
Third Amendment To Subdivision Improvements Agreement
Page 1
WHEREAS, Owner and the County have agreed to extend the time period for
construction of the Subdivision Improvements to allow completion thereof in accordance with
Owner's anticipated construction schedule.
NOW THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the County agree as follows:
1. The time period for completion of construction of the Subdivision Improvements
under the SIA, as amended, is hereby extended to March 1, 2002, which date corresponds to the
expiration date of the Letter of Credit.
2. All remaining terms and provisions of the SIA, as amended, not addressed or
otherwise affected by this Third Amendment to Subdivision Improvements shall remain
unaffected by the same and in full force and effect.
ENTERED INTO this day and year first above written, nunc pro tunc September 17,
2001
L.B. ROSE RANCH, LLC
a Delaware limited liability company
By
Timothy A. Thulson, Attorney in Fact for
L.B. Rose Ranch, LLC
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By
Chairman
ATTEST
Clerk
E:\WP Docs\Felicia\Tim\RoseRanch.third.sia.extension.02.13.02.wpd
Rose Ranch
Third Amendment To Subdivision Improvements Agreement
Page 2
FOURTH AMENDMENT
TO SUBDIVISION IMPROVEMENTS AGREEMENT
ROSE RANCH PLANNED UNIT DEVELOPMENT, PHASE 1
THIS FOURTH AMENDMENT TO SUBDIVISION IMPROVEMENTS
AGREEMENT is made and entered into this 19th day of February, 2002, by and between L.B.
Rose Ranch, LLC, a Delaware limited liability company ("Owner") and the Board of County
Commissioners of Garfield County, Colorado ("County").
WHEREAS, on September 13, 1999 Owner and the County executed pursuant to the
requirements and provisions of Section 5:31 of the Garfield County Subdivision Regulations, as
amended, a Subdivision Improvements Agreement which addresses and concerns the
construction and completion of the public and other improvements to be contained within the
Rose Ranch Planned Unit Development, Phase 1 ("Subdivision Improvements");
WHEREAS, under the SIA, Owner was required to complete construction of the
Subdivision Improvements on or before September 1, 2000;
WHEREAS, on July 10, 2000, and for the purpose of accommodating the delays
incurred by Owner in the filing of the final plat for the Rose Ranch Planned Unit Development,
Phase 1, Owner and the County amended the SIA ("First Amendment") for the purpose of
extending the date for completion of Subdivision Improvements to September 1, 2001;
WHEREAS, on September 1, 2000, the final plat for the Rose Ranch Planned Unit
Development, Phase 1 ("Final Plat") was filed in the records of the Clerk and Recorder for
Garfield County, Colorado. Coincident with the filing of the Final Plat, Owner and the County
further amended the SIA (Second Amendment) to allow Owner the flexibility of posting "other
acceptable security" for the completion of the Subdivision Improvements;
WHEREAS, completion of the Subdivision Improvements under the SIA, as amended, is
secured under the Letter of Credit issued by Key Bank (No. S00/97109) on November 6, 2000
("Letter of Credit").
WHEREAS, on September 17, 2001, and for the purpose of accommodating delays
incurred by Owner during the construction of the Subdivision Improvements, Owner and the
County again amended the SIA to further extend the date for completion of the Subdivision
Improvements to March 1, 2002, which date coincides with the expiration date of the Letter of
Credit;
E:\WP Docs\Felicia\Tim\Roseranch fourth.sia extension.02-13-02.wpd
Rose Ranch
Fourth Amendment To Subdivision Improvements Agreement
Page 1
WHEREAS, on date even herewith the County by execution of ACKNOWLEDGMENT
OF PARTIAL SATISFACTION OF SUBDIVISION IMPROVEMENTS AGREEMENT
reduced the total amount of costs to be secured by the Letter of Credit under the SIA, as
amended, to $ to reflect the amount of Subdivision Improvements that have
been completed by Owner to date;
WHEREAS, Owner has experienced additional construction delays which will prevent
Owner from completing the Subdivision Improvements by March 1, 2002;
WHEREAS, Owner and the County have agreed further extend the time period for
construction of the Subdivision Improvements under the SIA, as amended, to allow the
completion thereof in accordance with Owner's anticipated construction schedule; and
WHEREAS, Owner has agreed, as a condition precedent to the extension above
described, to secure the completion of construction of the Subdivision Improvements under the
SIA pursuant to letter of credit or such other form of security as may be acceptable to the County
for the entire time period of said extension, if not earlier released by the County.
NOW THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the County agree as follows:
1. Subject to Owner's full and complete satisfaction of the requirements set forth
within Paragraph 2 hereinbelow, the time period for completion of the Subdivision
Improvements under the SIA, as amended, is hereby extended to December 31, 2002.
2. Prior to March 1, 2002, Owner shall provide to the County a letter a credit or
other form of security to secure the completion of construction of the Subdivision Improvements
under the SIA, as amended. The letter of credit or other form of security shall be in a form
acceptable County, shall be equivalent in amount to cover the total costs of the yet to be released
Subdivision Improvements above stated and shall be remain in effect for the entire length of the
extension hereinabove set forth unless earlier released by the County.
3. In the event Owner fails or is otherwise unable to comply with the provisions of
Paragraph 2. hereinabove, this Agreement shall terminate and be of no further force or effect.
4 All remaining terms and provisions of the SIA, as amended, not addressed or
otherwise affected by this Fourth Amendment to Subdivision Improvements shall remain
unaffected by the same and in full force and effect.
E:\WP Docs\Felicia\Tim\Roseranch fourth.sia extension.02-13-02.wpd
Rose Ranch
Fourth Amendment To Subdivision Improvements Agreement
Page 2
ENTERED INTO this day and year first above written
L.B. ROSE RANCH, LLC
a Delaware limited liability company
By
Timothy A. Thulson, Attorney in Fact for
L.B. Rose Ranch, LLC
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By
Chairman
ATTEST
Clerk
E:\WP Docs\Felicia\Tim\Roseranch fourth.sia extension.02-13-02.wpd
Rose Ranch
Fourth Amendment To Subdivision Improvements Agreement
Page 3
1111111 IIIII 111111111111111111111111111 III 11111 1111 1111 6
569192 09/11/2000 05:08P B1206 P637 M ALSDORF
1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
SECOND AMENDMENT TO
SUBDIVISION IMPROVEMENTS AGREEMENT
Rose Ranch Planned Unit Development
Phase 1
THIS SECOND AMENDMENT TO SUBDIVISION IMPROVEMENTS
AGREEMENT is made and entered into this 11`h day of September, 2000 by and between
ROARING FORK INVESTMENTS, LLC, a Colorado Limited Liability Company (hereinafter
"Owner") and the BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY,
COLORADO (hereinafter "Board")
WITNESSETH
WHEREAS, on September 13, 1999, and pursuant to the provisions set forth within
Section 5:31 of the Garfield County Subdivision Regulations, as amended, Owner and the Board
executed a Subdivision Improvements Agreement (hereinafter "SIA) addressing and concerning
the construction and completion of certain public and other improvements (hereinafter
"Improvements") contained within the Rose Ranch Planned Unit Development, Phase 1. The
SIA and fmal plat for the Rose Ranch Planned Unit Development, Phase 1 is presently being
held for filing by the Garfield County Clerk and Recorder pending the posting by Owner of
security adequate to ensure the construction and completion of the Improvements.
WHEREAS, the SIA was duly amended by the Board on 10 -July -00.
WHEREAS, the SIA, as amended, requires Owner to secure construction and completion
of the Improvements pursuant to the posting of a letter of credit.
WHEREAS, the Board and Owner wish to amend that provision of the SIA governing
the manner in which the construction and completion of the Improvements is to be secured to
allow Owner the flexibility of securing said construction and completion of Improvements
through the posting of alternative forms of security, which security shall be at all times
satisfactory to the Board.
NOW THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the Board agree as follows:
1. The first sentence of Paragraph 3.a. of the SIA shall be amended to read:
On or before the date of recording of the Final Plat with the Garfield County
Clerk land Recorder, the Owner shall deliver a Letter of Credit, or such other form
of security as shall be deemed acceptable to the County, in the amount of
$8,563,366.85 for completion of the subdivision improvements related to Phase 1
of the Rose Ranch P.U.D. as set forth and certified by a licensed engineer on
Exhibit B attached hereto and $370,596.00 which constitutes the total cost of all
deferred payments to be made by Owner to the Roaring Fork Water and
•
I`�
I 111111 11111 1111111 11111 111111 111 1111111 1111 1111
569192 09/11/2000 05:08P 61206 P636 M ALSDORF
2 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
Sanitation District under the Preinclusion Agreement recorded in the records of
the Clerk and Recorder on _, 2000, at Book , Page — and Reception No.
, minus the cost of improvements, if any, already completed as certified on
Exhibit C. hereto.
ENTERED INTO the day and year first above written
ROARING FORK INVESTMENTS, LLC
a Colorado Limited Liability Com); y
mothy A. Thulson, attorney in fact
for Roaring Fork Investments, LLC
By
BOARD OF COUNTY COMMISSIONERS
FOR GARF4ELD;COUNTY, COLORADO
/ r,rr rii+ia :.
Clerk to the Board
September 11, 2000
Mr. Tim Thulson
Balcomb and Green, P.C.
818 Colorado Ave.
Glenwood Springs, CO 81601
Re: Rose Ranch, P.U.D.
HCE Job No. 97042.01
Dear Tim:
1111111111111111111111111111111111111111111111111111111
569192 09/11/2000 05:08P 81206 P839 P1 ALSDORF
3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
We have attempted to determine the offsite roadway impact fee for the referenced project from the
form and tables provided by the county. However, we (county staff and I) have been unable to reach a
final determination of the fee. Therefore, based on conversations with the planning staff and the short
analysis provided on the county form, we anticipate the offsite roadway impact fees to be
approximately $1500.00 per lot. The offsite roadway improvements being constructed by the project
far exceed the required offsite roadway impact fee.
If you have any questions or need additional information, please call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
�Ta .
0
yt•Ft'og D. Hope, I.E.
"rtncipat3Q939 •
•.,w
rl S'-•A;s
11 P,310;IAl E
923 Cooper Avenue
Glenwood Springs, CO 81601
phone 970 945-8676 • far 970 945-2555
14 Inverness Dive East, Ste B-144
Englewood, CO 80112
phone 303 925-054.4 • fax 303 925-0547
111111 11111 111111IIII111111III 1111111III 111111111911
572131 11/14/2000 11 37A B1217 P266 M ALSDORF
1 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO
O
111 incl
TIED AMENDMENT TO
SUBDIVISION IMPROVEMENTS AGREEMENT
Rose Ranch Planned Unit Development
Phase I
THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENTS
AGREEMENT is made and entered into this /3day of November, 2000 by and between
ROARING FORK INVESTMENTS, LLC, a Colorado limited liability company
(hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS FOR
GARFIELD COUNTY, COLORADO (hereinafter "Board")
WITNESSETH
WHEREAS, on September 13, 1999, and pursuant to the provisions set forth
within Section 5:31 of the Garfield County Subdivision Regulations, as amended, Owner
and the Board executed a Subdivision Improvements Agreement (hereinafter "SIA")
addressing and concerning the construction and completion of certain public and other
improvements (hereinafter "Improvements") contained within the Rose Ranch Planned
Unit Development, Phase 1.
WHEREAS, the SIA was duly amended by the Board on July 10, 2000 and again
on September 11, 2000.
WHEREAS, the SIA as amended, requires Owner to secure construction and
completion of the Improvements.
WHEREAS, the Board and Owner wish to further amend that provision of the
SIA governing the manner in which the construction and completion of the
Improvements is secured by clarifying that the receipt of notice from the issuer of the
letter of credit that it will not be renewed constitutes a default under the SIA entitling the
Board to immediately draw upon the letter of credit and to substitute the cash as security
for the completion of the Improvements.
NOW THEREFORE, for and in consideration of the premises and the following
mutual covenants and agreements, Owner and the Board agree as follows:
1. The last sentence of Paragraph 3.a. of the SIA shall be amended by the
addition of the following clause:
and should the issuer of the Letter of Credit give notice that the Letter of Credit
will not be extend receipt of such a notice shall be deemed to be a default entitling the
County to immediately draw upon the Letter of Credit and to substitute the cash received
as security under this paragraph 3.a.
11111111111111111111111111111 111 11111111111111111111111
572131 11/14/2000 11:37A B1217 P267 M ALSDORF
2 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO
ENTERED INTO the day and year first above written.
ROARING FORK INVESTMENTS, LLC
a Colorado limited lia.) ty company
Bv:
BOARD OF
OR GARF
By:
UNTY COMMISSIONERS
COUNTY, COLORADO
`y.+,+itnnl
.Clerk to the
�/11111111++++'
111101 11111 111111 11111111111 1111111111111 1111111111111
569191 09/11/2000 05:07P 61206 P629 M RLSDORF
1 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
FIRST AMENDMENT TO
SUBDIVISION IMPROVEMENTS AGREEMENT
Rose Ranch Planned Unit Development
Phase 1
THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENTS
AGREEMENT is made and entered into this 10'h day of July, 2000 by and between ROARING
FORK INVESTMENTS, LLC , a Colorado limited liability company (hereinafter "Owner") and
the BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY,
COLORADO (hereinafter "Board").
WITNESSETH
WHEREAS, on September 13, 1999 and pursuant to the provisions set forth within
Section 5:31 of the Garfield County Subdivision Regulations, as amended, Owner and the Board
executed a Subdivision Improvements Agreement (hereinafter "SIA") addressing and concerning
the construction and completion of certain public and other improvements (hereinafter
"Improvements") contained within the Rose Ranch Planned Unit Development, Phase 1. The
SIA and final plat for the Rose Ranch Planned Unit Development, Phase 1 is presently being
held for filing by the Garfield County Clerk and Recorder upon the posting by Owner of security
adequate to ensure the construction and completion of the Improvements.
WHEREAS, the SIA requires the completion of construction of the Improvements on or
by September 1, 2000.
WHEREAS, subsequent to execution of the SIA, the time period for filing of the final
plat for the Rose Ranch Planned Unit Development, Phase 1 was extended by the Board to
September 11, 2000.
WHEREAS, the Board and Owner wish to amend those provisions of the SIA governing
the time periods for completion of the Improvements to comport with the final plat filing
extension granted by the Board above described.
NOW THEREFORE, for and consideration of the premises and the following mutual
covenants and agreements, Owner and the Board agree as follows:
1. The time periods for Owner's performance set forth within the SIA at Paragraphs
2, 4, 5, 6, and 7 are hereby amended from September 1, 2000 to September 1, 2001.
2. The total amount to be secured by the letter of credit under Paragraph 3 of the SIA
shall be amended from $8,395,108.86 to $8,563,366.85, which amount represents the updated
First Amendment to SIA
Rose Ranch PUD
Page 1
111111111111111111111111111111111111111111111111(111111
569191 09/11/2000 05:07P 81206 P630 M ALSDORF
2 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
certified cost estimates of the Improvements prepared by High Country Engineering of July
6, attached herewith as Exhibit A.
3. All remaining terms, provisions and conditions of the SIA not amended or
otherwise affected by this First Amendment to Subdivision Improvements Agreement shall
remain in full force and effect.
ENTERED INTO the day and year first above written.
ROARING FORK INVESTMENTS, LLC
a Colorado Limited Liability Company
By
BOARD OF COUNTY COMMISSIONERS
FOR GARFIELD COUNTY, COLORADO
CXerJc to the Board
First Amendment to SIA
Rose Ranch PUD
Page 2
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July 6, 2000
ITEM
QUANTITY
HCE JOB NO: 97042.05
-1:1gprodara\flIc1971970421coslat.xls (public improvemearl
UNIT
COST
COST
.nn
Mobilization
Earthwork
Earthwork for uti1. above ditch
Water Tank Base Prep.
Retaining Wall (Face Area)
Rock Excavation
3' Asphalt
6" Class 6 ABC
1' Ribbon Curb
1,5' Median Curb
Check Dam Construction
Sod in roadside ditches
10' Concrete bike path
Maintenance Road to Water Tank
5' Concrete Sidewalk
p;14;65,7'.
Ft !„.=!:
Improvements
*see Engineer's Estimate for breakdown
o•ry S �'` - r'
ISP)Y i6xsWi► boli :Pi Vi, 4 „
Cl
Improvements
*see Engineer's Estimate for breakdown
18" ADS N-12
24" ADS N-12
30" ADS N-12
36" ADS N-12
42" ADS N-12
48" ADS N-12
24" C.M.P.
36" C.M.P.
10'x10' Concrete Box Culvert
18" CMP Flared End
24" CMP Flared End
30" CMP Flared End
Wing Walls for Concrete Culverts
Baffled Oil Skimmer
5';
i[L
*price includes trenching and finings
and restraints where needed
12" DIP Waterline
10" DIP Waterline
8" DIP Waterline
IPF
EXHIBIT
A
l L.S.
1 L.S.
52173 CY
1 L.S.
6263 S.F.
1500 C.Y.
100,000.00
300,000.00
11.00
10,000.00
32.00
30.00
[8,739 S.Y. 8.00
3,469 C.Y. 20.00
12,826 L.F. 9.00
1,248 L.F. 11.00
1,444 L.F. 2.00
1,137 S.Y. 0.50
4,623 S.Y. 29.00
2,008 S.Y. 9.00
28.102 S.F. 4.00
1 L.S. 511,508.00
1 L.S. 745,016.00
132 L.F. 27.00
424 L.F. 30.00
142 L.F. 50.00
65 L.F. 70.00
1743 L.F. 90.00
334 L.F. 110.00
60 L.F. 32.00
124 L.F. 72.00
85 L.F. 1,050.00
4 Each 200.00
10 Each 250.00
4 Each 650.00
4 Each I000.00
4 Each 2500.00
6,539 L.F.
2,023 L.F.
9,794 L.F.
54.00
41.05
31.33
100,000.00
300,000.00
573,903.00
10,000.00
200,416.00
45,000.00
149,912.00
69,380.00
115,434.00
13,728.00
2,888.00
568.50
134,067.00
18,072.00
112,408.00
511,508.00
745,016.00
3,564.00
12,720.00
7,100.00
4,550.00
156,870.00
36,740.00
1,920.00
8,928.00
89,250.00
800.00
2,500.00
2,600.00
4,000.00
10,000.00
353,106.00
83,044.15
306,846.02
6" DIP Waterline
12" Gate Valve
10" Gate Valve
8" Gate Valve
1" Water Service
PRV Vault
Fire Hydrant Assembly
Air Vac
6" PVC Drain from Tank
Pump House
Pump House Appurtenances
Water Tank (300k gal) Concrete
Water Tank Appurtenances
Water Treatment Building
Water Treatment Appurtenances
Water Treatment Pumps
Connection to Exist Aspen Glen
Settling Pond Intake Structure
*price includes trenching and fittings
and restraints where needed
8" SDR 35 Sewer Pipe
4' dia. Manhole
Sewer Services
4" PE Sanitary Sewer Force Main
Force Main Manhole
Below grade lift station
Concrete Encasement
Shallow U
*price includes trenching and fittings
Electric Utility Conduit & Wire
Electric Vault/Manhoie
Telephone! Cable Utility Cond&Wire
Gas Utility
Revegetate/Landscape
Class 1 Ground Sign
Sediment control fence
Erosion and Sediment Control
'3
1,418 L.F. 20.00
10 Each 975.00
8 Each 850.00
24 Each 675.00
82 Each 1,000.00
2 Each 16,500.00
10 Each 2,500.00
2 Each 3,000.00
880 L.F. 20.00
1 Each 10,000.00
1 L.S. 20.000.00
1 L.S. 450,000.00
1 L.S. 17,000.00
1 L.S. 160,000.00
1 L.S. 230,000.00
1 L.S. 80,000.00
l L.S. 4,000.00
2 E.A. 2,000.00
5421 L.F.
23 Each
82 Each
9898 L.F.
24 Each
2 Each
481 L.F.
8650 L.F.
26 Each
8650 L.F.
8650 L.F.
1 L.S.
7 Each
14854 L.F.
1 L.S.
32.00
4,000.00
600.00
12.00
5,000.00
65,000.00
30.00
20.00
600.00
1.00
3.50
50,000.00
200.00
1,00
5,000.00
28,360.00
9.750.00
6,800.00
16,200.00
82,000.00
33,000.00
25,000.00
6,000.00
17,600.00
10,00(100
20,000.00
450,000.00
17,000.00
160,000.00
230,000.00
80,000.00
4,000.00
4,000.00
173,472.00
92,000.00
49,200.00
118,776.00
120,000.00
130,000.00
14,430.00
173,000.00
15,600.00
8,650.00
30,275.00
50,000.00
1,400.00
14,854.00
5,000.00
SUB TOTAL
10% Contingency
TOTAL
$6,383,205.67
3638.320.57
$7,021,526.24
This summary of probable construction cost was prepared for estimating purposes .,•.\\‘11% I 1 f
only. High Country Engineering, Inc. cannot be held responsible for variances 04-...G1St
el�from this estimate as actual costs may vary due to bid and market fluctuatisu • O. HO i
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July 6, 2000
ITEM
QUANTITY
I -ICE JOB NO: 97042.04
k:lgprodatalfile1971970421costest.xls (cr 109)
UNIT
COST
COST
Earthwork
Rock Excavation
4" Asphalt
2" Asphalt
12" Class 3 ABC
6" Class 6 ABC
Boulder wall
1'L
30" CMP
30" Flared End
24" CMP
24" Flared End
1 L.S.
50 C.Y.
9352 S.Y.
12032 S.Y.
3150 C.Y.
1600 C.Y.
1600 S.F.
81 L.F.
2 Each
205 L.F.
8 Each
126,000.00
50.00
8.00
6.00
20.00
21.00
20.00
50.00
600.00
30.00
600.00
126,000.00
2,500.00
74, 816.00
72,192.00
63,000.00
33,600.00
32,000.00
4,050.00
1,200.00
6,150.00
4,800.00
Guardrail CDOT Type 3 2658 L.F. 25.00 66,450.00
Revegetate/Landscape 1 L.S. 5,000.00 5,000.00
Class I Ground Sign 15 Each 250.00 3,750.00
Surveying/Construction Staking 1 L.S. 8,000.00 8,000.00
Soils Testing 1 L.S. 8,000.00 8,000.00
Sub Total $511,508.00
10% Contingency $51,150.80
Total
This estimate of probable construction cost was prepared for estimating purposes
only. High Country Engineering, Inc. cannot be held responsible for variances
from this estimate, as actual costs may vary due to bid and market fluctuations.
$562,658.80
EL U
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July 6, 2000
ITEM
QUANTITY
HCE JOB NO: 97042.05
k:lgprodatalfile1971970421costest.xls (HwyB2 Imp.)
UNIT
COST
COST
'X'
Earthwork
Rock Excavation
4" Asphalt (2 -Lifts), Class CX
1.5" Asphalt Overlay, Class CX
12" Class 1 ABC
6" Class 6 ABC
Retaining Wall
Median Curb & Gutter
24" CMP
24" Flared End
8' Concrete Box Culvert
Relocate Inlets
W t
Traffic Signals
Traffic Loops
Pavement Striping
Guardrail Type 3
Guardrail Type 4
Class I Ground Sign
Traffic Control
Raise Utilities
Revegetate/Landscape
Surveying/Construction Staking
Soils Testing
1 L.S.
100 C.Y.
5,300 S.Y.
19,400 S.Y.
1,750 C.Y.
880 C.Y.
3,600 S.F.
100 L.F.
263 L.F.
3 Each
440 L.F.
2 Each
1 L.S.
1 L.S.
1 L.S.
1,800 L.F.
1,150 L.F.
4 Each
1 L.S.
1 L.S.
1 L.S.
1 L.S.
1 L.S.
77,000.00
55.00
9.60
4.10
20.00
21.00
8.00
11.00
32.00
400.00
350.00
1,000.00
100,000.00
13,000.00
10,000.00
22.00
50.00
250.00
35,000.00
10,000.00
5,000.00
7,000.00
5,000.00
77,000.00
5,500.00
50,880.00
79,540.00
35,000.00
18,480.00
28,800.00
1,100.00
8,416.00
1,200.00
154,000.00
2,000.00
100,000.00
13,000.00
10,000.00
39,600.00
57,500.00
1,000.00
35,000.00
10,000.00
5,000.00
7,000.00
5,000.00
10% Contingency
Sub Total $745,016.00
574,501.60
Total
$819,517.60
This estimate of probable construction cost was prepared for estimating purposes `N‘‘‘ ‘ < < I
only. High Country Engineering, Inc. cannot be held responsible for variances ti " i.G\ST.ER
from this estimate, as actual costs may vary due to bid and market fluctuations. _ Ok ' • O• • /
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July 6, 2000
YrLPlH'rij
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TRU'
ITEM
QUANTITY
HCE JOB NO: 97042.05
'k:lgprodata\file\97197o421costcst.als (Landscape)
UNIT
COST
COST
Inge Hero* r '`
Evergreen Trees (8' Average)
Deciduous Trees (4" Caliper)
Deciduous Trees (4" Caliper)
Irrigation
Ip?ubergP t.a'Is,e>r'.
Evergreen Trees (8' Average)
5' Berm
36" ADS Pipe
Irrigation
67 EA
95 EA
67 EA
4509 LF
3 EA
1384 CY
100 LF
800 LF
480.00
510.00
480.00
1.30
480.00
6.10
35.50
1.30
32,160.00
48,450.00
32,160.00
5,861.70
1,440.00
8,442.40
3,550.00
1,040.00
SUB TOTAL
Phase 1 Revegetation Contigency
10% Construction Cost Contingency
TOTAL
$133,104.10
$133,104.10
$13,310.41
$279,518.61
1
P4
Ir1 =-AOFESS\��
1111111111111111111111111111111111111111111111111111111
569191 09/11/2000 05:07P 81206 P836 M ALSDORF
8 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO
July 6, 2000
ITEM
QUANTITY
HCE JOB NO: 97042.05
k:\gprodataTtle\971970421costest.xts (cart path)
UNIT
COST
COST
Mobilization
Earthwork
Rock Excavation
Concrete Path Section
Wood Path Section
Abutments
6" Class 6 ABC
10% Contingency
Total
1 L.S.
1 L.S.
200 C.Y.
491 L.F.
1652 L.F.
14 E.A.
100 C.Y.
20,000.00
100,000.00
50.00
60.00
350.00
5,000.00
30.00
Sub Total
This estimate of probable construction cost was prepared for estimating purposes
only. High Country Engineering, Inc. cannot be held responsible for variances
from this estimate, as actual costs may vary due to bid and market fluctuations.
20,000.00
100,000.00
10,000.00
29,460.00
578,200.00
70,000.00
3,000.00
$810,660.00
$81,066.00
$891,726.00
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