HomeMy WebLinkAbout05.0 Section 4 Development and ComplianceSECTION 4
Development and Compliance
Development (Waiver) 4-203J
Subdivision Improvement Agreement 4-203K
Improvement Costs
Section 7 Divisions 1, 2, and 3
COMPLIANCE ARTICLE 7
Divisions 1-3
The following section of this application addresses compliance with the criteria
and standards of Article 7, Divisions 1-3 of the Garfield County Land Use and
Development Code.
DIVISION 1: GENERAL APPROVAL STANDARDS
7-101 COMPLIANCE WITH ZONE DISTRICT USE RESTRICTIONS.
The site is located in the County's Residential Urban "RU" District. The proposed Land Use Change
Permit (LUCP) is in compliance with the Zone District, lot and building requirements, intent statement,
use and general restrictions and measurements contained in Article 3 (Zoning) of the LUDC. The
building for this lot will be a duplex. Our intention is to build modular homes constructed off site that
meet Garfield County and Colorado building code standards. Any construction would take place within
the building set backs shown on the site plan. The building site areas were chosen for their relatively
flat nature.
7-102 COMPLIANCE WITH COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS
The property is located within the Urban Growth Area of the City of Glenwood Springs Comprehensive
Plan. Upon review of the comprehensive plan this LUCP is in compliance
7-103 COMPATIBILITY
The nature, scale and intensity of the proposed use are compatible with adjacent land uses. Western
Hills Subdivision (WHS) borders the property to the east. The homes in WHS are primarily single family
residence on .45 to 1 acre lots, as is the property to the north. The properties to the south are multi-
family and single family residences. The properties to the west are known as the Village Chalet. The
Village Chalet is comprised of very high density single family residences developed on lots between .019
to .034 acres.
7-104 SUFFICIENT LEGAL AND PHYSICAL SOURCE OF WATER
West Glenwood Springs Water District services properties to the East and West of the proposed
building site. The City of Glenwood Springs can and will serve this subdivision from the city water main
located under Mountain Shadows Drive as stated in a letter dated April 21, 2017.
7-105 CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS
Water: A water line from the city main will be run underground on a utility easement along the western
portion of the property. Under the Restrictive Covenants and Cost Sharing Agreement Reception
#903165 (CCR) the three properties making up Mountain Shadow Place Subdivision will maintain the
water line from the property line to each service line branching from the main. Each lot will be
responsible for maintenance of the service lines running from the main to the lot.
Wastewater: The West Glenwood Sanitation District has a sewer main running along the western and
southern sides of Mountain Shadow Place Subdivision. The Sanitation District has stated they can and
will serve sewer taps to each of the three lots. Each duplex will have a separate sewer line extension
running to it. Each lot will be solely responsible for construction and maintenance of the sewer line
extensions.
COMPLIANCE ARTICLE 7
Divisions 1-3
7-106 PUBLIC UTILITIES
Electric: The proposed subdivision is within the territory serviced by the City of Glenwood Springs
Electrical System. The City has adequate capacity to serve the proposed the duplexes in the subdivision.
The site plan shows utility easements to allow for an underground line extension from the southeastern
corner of the property to a centralized transformer. The utility easement also allows for underground
service lines from the transformer to each lot. The line extension to the transformer will be constructed
as part of the Subdivision Improvements Agreement.
Gas: Black Hills Energy (BHE) has a gas main running under Mountain Shadows Drive. BHE has
adequate capacity to serve the proposed duplexes in the subdivision. A gas line from the main under
Mountain Shadows Drive will be run underground on a utility easement along the western portion of
Mountain Shadow Place Subdivision. The Restrictive Covenants and Cost Sharing Agreement Reception
was formed to maintain the gas line from the property line to the centralized distribution manifold.
Each lot will be responsible for maintenance of the lines running from the main to the lot.
(For Section 7-107 the following definitions will apply. "ROW easement" = the extension of Mountain
Shadows Drive that is described in the legal description below. It is an existing easement that serves
Chalet Village to the west and the Starr property to the north. It runs along the northern boundary of
this property. "Internal Roadway" = the ROW easement that will be created when this property is
subdivided. It will serve the three new lots only.)
7-107 ACCESS AND ROADWAYS (for additional information see Section 7)
A. The property has legal and adequate access via an extension of Mountain Shadows Drive in the
form of an existing easement along the northern property line. It is safe and adequate per Sopris
Engineering and Glenwood Springs Fire Department. Legally the easement is known as:
a. Beginning at a point whence the witness corner of the South Quarter corner of Section 34,
Township 5 S, Range 89 W of the 6th PM bears S. 65°15'46" East 1,118.085 feet;
i. Thence S. 66°24' West 24.03 feet;
ii. Thence S. 77°35' West, a distance of 130.89 feet;
iii. Thence N. 0°06' West, a distance of 30.71 feet;
iv. Thence N. 77°35' East, a distance of 121.40 feet;
v. Thence N. 66°24' East, a distance of 34.14 feet;
vi. Thence S. 0°06' East, a distance of 32.71 feet to a point of beginning.
B. No improvements or modifications to the county road is needed nor proposed for safe access.
C. The internal roadway and ROW easement and Mountain Shadows Drive provide adequate
capacity to serve the proposed duplexes and the existing residences at Chalet Village and the Starr
residence. The additional ADTs of all three duplexes combined will only generate an additional 6.45
ADTs on the internal road and 6.45 ADTs on Mountain Shadows Drive. This increase does not effect
the current Rural Access Road Category status of either road (See traffic study/road waiver in Section
5).
D. The internal roadway will be dedicated as a public right of way. The Cost Sharing Agreement
Reception dictates that the Mountain Shadow Place Subdivision will maintain the internal roadway.
COMPLIANCE ARTICLE 7
Divisions 1-3
E. There will be no significant impacts from hauling, trucks or equipment use to the ROW easement
or to the county maintained portion of Mountain Shadows Drive by this proposed LUCP.
F. The proposed duplex will utilize the internal roadway that services only the three lots of
Mountain Shadow Place Subdivision. The internal roadway has been designed to provide adequate
access as a semi -primitive road for the three lots. The internal road meets county guidelines for
maximum grade, lane width, shoulder width, cross slope and shoulder slope. A road waiver has been
submitted with this application to decrease the ROW width, minimum radius and turn around
requirement for dead end streets. The designed ROW width and roadway radiuses provide for safe
and adequate access as determined by Sopris Engineering (see road waiver forms in Section 5) and
allow for the road design to fit the subdivisions area see email in Section 7 from the Glenwood
Springs Fire Department.
1. Circulation and Alignment- will comply
2. Intersections- technically not applicable, however the subdivision will self -regulate and
implement a stop sign at the end of the internal roadway where it meets Mountain Shadows
road.
3. Street Names- will comply
4. Congestion and Safety- the existing ROW easement extension of Mountain Shadow road has
been servicing 16 properties more than adequately for over 35 years. The Glenwood Springs Fire
Department supports the plan.
5. Continuation of Roads and Dead-end roads
a. Mountain Shadows Road is already an existing dead end road. The internal road created by
the subdivision on the parcel will have adequate turn around space for a fire truck and
emergency vehicles. The placement of the turn around has been approved by Ron Biggers of
the Glenwood Springs Fire Department and engineered by Sopris Engineering.
b. Emergency and fire egress are demonstrated on the site plan and approved by fire marshal.
A "T" turn around is located before parking area. The turn around was sized appropriately to
the Dash Pump Truck specified as the largest emergency vehicle necessary for accessing the
proposed subdivision.
c. Snow storage is to occur on ditch areas to the sides of the internal road and at end of
roadway past the parking.
6. Relationship to Topography - will comply
7. Erosion and Drainage - will comply
8. Commercial and Industrial - n/a
9. Emergency Access - The Glenwood Springs Fire Marshal has reviewed our site plan and has
found the road satisfactory for emergency access. As per the Fire Departments determination,
sprinkling systems will be installed into all buildings proposed for this subdivision.
COMPLIANCE ARTICLE 7
Divisions 1-3
10. Traffic Control - We propose a stop sign be placed on the internal roadway at its intersection
with Mountain Shadows Drive.
11. & 12. Erosion, Drainage and Ditches - Sopris Engineering has provided a storm water
detentions plan and road design that meets county standards for the internal roadway.
7-108 USE OF LAND SUBJECT TO NATURAL HAZARDS
No significant hazards exist where development is proposed. To north of the access roadway and to the
west of the roadway and lot 1 there are slopes in excess of 30%. These areas will be controlled for
erosion with vegetation suitable for the slope grade. Topography around the building will be located
range from 1 to 20% grade. The property is not subject to debris flows, flooding, avalanche, alluvial fan
etc.
7-109 FIRE PROTECTION
The property is served by the Glenwood Springs Fire Department and is located about 3.4 miles from
the fire station. A city fire hydrant is located on the opposite site of Mountain Shadows Drive from the
north west corner of the property (see site plan). The Glenwood Springs Fire Department has indicated
that the hydrant is sufficient to serve the subdivision for fire protection. Due to the location of the site
and associated access the Fire Department will require and homes built in the proposed subdivision to
be sprinkled.
DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS.
7-201. AGRICULTURAL LANDS.
No adverse affect on agricultural lands. The parcel is not in an agricultural area.
7-202. WILDLIFE HABITAT AREAS.
The property has not been identified as critical habitat for deer, elk or other major wildlife
classifications. There are no known raptor nests, roosting sites etc. In general, the property is in a semi
urban area with a long history of human habitation in the area. Because of this it is unlikely that wildlife
will find long-term habitat with the exception of minor foraging potential.
7-203. PROTECTION OF WATERBODIES.
There are no water bodies such as lakes, reservoirs or rivers on the property subject to the Minor
Subdivision. There is a ditch along the southern property boundary and this will not be disturbed. The
easement for the ditch is 15' from the center per the Reynolds & Cain Ditch Company. All building will
happen at least 25' from the ditch.
7-204 DRAINAGE AND EROSION.
All activity will take place on less than 1 acre of land and is thus not subject to CDPHE permits.
Positive drainage away from structures will be designed. The Engineer's Report addresses the issue of
drainage and erosion, taking care to avoid adjacent properties. There are no water bodies within 100
feet of the property, or will there be 10,000 square feet or more of impervious surface area.
Storm water run-off will be to stable, vegetated areas that will be resistant to erosion. The site design
shall minimize direct connection with impervious areas by including vegetated buffer zones between
impervious surfaces such as roofs or patios.
COMPLIANCE ARTICLE 7
Divisions 1-3
7-205. ENVIRONMENTAL QUALITY.
No impacts are foreseen related to air or water quality. The land use will be for residential homes which
is appropriate in this setting in the County's Residential Zone District. No commercial or industrial
activities are proposed.
7-206. WILDFIRE HAZARDS.
The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire
Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan.
The property is located in a NR district and is rated lower than low according to the Wildland Fire
Susceptibility Index Map. The proposed development site plan has been drawn to specifications by
Garfield County Fire Department.
7-207. NATURAL AND GEOLOGIC HAZARDS.
No geologic or soils hazards have been identified see NRCS survey in Section 3. The property does not
have excessively steep nor rocky slopes necessary for avalanches, rockslides or landsides, nor is it on an
alluvial fan. No development will happen on slopes 30% or more.
7-208. RECLAMATION.
Areas not directly related to the improvement of the property and are disturbed during development
shall be restored as natural -appearing landforms that blend in with adjacent undisturbed topography.
DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS
7-301 COMPATIBLE DESIGN
The Minor Subdivision application complies with these sections.
A. Site Organization: The proposed duplex is similarly oriented in terms of front and side yard
relationships to neighboring lots. The roadway and parking design provides the most compact,
economical usage of land and allow for future access to maintain underground utility lines.
Pedestrian access in not applicable. The proposed lots will have equal solar access.
B. Operational Characteristics: The proposed duplex is designated for residential construction and
no objectionable operation characteristic are expected.
C. Buffering: No required buffering is anticipated. Land uses are similar and there are no foreseen
incompatibilities because of being adjacent to a different zone district or land use.
D. Materials: Appropriate materials for a residential use will be selected.
COMPLIANCE ARTICLE 7
Divisions 1-3
7-302 OFF- STREET PARKING AND LOADING STANDARDS
A. Off-street parking will be provided as per code in a parking lot to the north of the proposed lots
and access easements is established.
B. No off-street loading is required except residential standards.
C. N/A
D. Spaces will be provided on the same lot or adjacent to the lot the parking spaces will serve.
E. N/A
F. An appropriate surface will be provided for the roadway and parking areas.
G. Will comply
H. Our currently design meets the county guidelines of 2 parking spaces per lot.
I. N/A
J. N/A
K. Will comply
L. Tandem parking not necessary
M. The parking area will be oriented so that backing out onto a public road is not necessary. The
parking spaces do require backing out onto the access roadway. Sopris Engineering deems this
adequate and safe. See road waivers in section 3.
N. Covered by design standards in 7-107 and road waivers
0. N/A
7-303. LANDSCAPING STANDARDS.
The landscaping plan complies with code standards. See Section 2. Plants compatible with local climate,
soils, drainage and water conditions for the site will be utilized. When possible drought -resistant
varieties and native plants will be utilized. Existing, healthy vegetation will be preserved as much as
possible.
7-304. LIGHTING STANDARDS.
Lighting will comply with code standards set forth in this section.
7-305. SNOW STORAGE STANDARDS.
Snow storage will comply with standards set forth in this section. Adequate storage will be provided to
either side of the access easement and to the east of the common parking area.
A. Minimum Area.
A designated area sufficient to store snow from the entire parking area shall be provided. As a general
guideline, and considering the varying elevations and snowfall amounts throughout the County, it is
anticipated that a minimum area equivalent to 2.5% of the total area of the required off-street parking
and loading area, including access drives, shall be designated to serve as a snow storage area.
7-306. TRAIL AND WALKWAY STANDARDS.
Not applicable - none proposed.
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MOUNTAIN -SHADOW PLACE SUBDIVISION IMPROVEMENTS AGREEMENT
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this 1 Z day
of (,el,runfc; , 20/8, by and between CMH Homes, Inc. ("Owner") and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of
Colorado, as a body politic and corporate, directly or through its authorized representatives and agents
("BOCC").
Recitals
WHEREAS, Owner is the owner and developer of the Mountain Shadow Place Subdivision (the
"Subdivision"), as depicted on the Final Plat thereof recorded in the public records of Garfield County,
Colorado at Reception No. 96,3/ h..3 (the "Final Plat");
WHEREAS, as a condition precedent to the approval of the Final Plat submitted to the BOCC as
required by the laws of the State of Colorado and by the Garfield County Land Use and Development
Code, as amended ("LUDC"), Owner wishes to enter into this SIA with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver a letter of credit or other security in a form
satisfactory to the BOCC to secure and guarantee Owner's performance under this Agreement and has
agreed to certain restrictions and conditions regarding the sale of properties and issuance of building
permits and certificates of occupancy within the subdivision, all as more fully set forth below; and
WHEREAS, the Subdivision is subject to the Mountain Shadow Place Subdivision Restrictive
Covenants and pCost Sharing A�;,reement, recorded in the public records of Garfield County, Colorado at
Reception No. 9,0 3/6 S (the "Cost Sharing Agreement"); and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
promises contained herein, the BOCC and Owner ("Parties") agree as follows:
Agreement
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the
Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the
requirements of the LUDC, and any other governmental or quasi -governmental regulations
applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of
the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time
prescribed herein.
2. OWNERS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and
installed the subdivision improvements, identified in the Exhibits defined in
subparagraph 2.a.i., below ("Subdivision Improvements") at Owner' expense, including
payment of fees required by Garfield County and/or other governmental and quasi -
governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision
Improvements shall be completed on or before the end of the first full year following
execution of this SIA ("Completion Date"), in substantial compliance with the fgllowing:
Plans marked Approved for Construction for all Subdivision Improvements
prepared by Sopris Engineering, such plans being summarized in the list of
drawings attached to and made a part of this SIA by.reference as Exhibit A; the
estimate of cost of completion, certified by and bearing the stamp of Owner' s
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processional engineer licensed in the State of Colorado (Owner' s Engineer),
attached to and made a part of this SIA by reference as Exhibit B, which
estimate shall include an additional 10% percent of the total for contingencies;
and all other documentation required to be submitted along with the Final Plat
under pertinent sections of the LUDC (Final Plat Documents).
ii. All laws, regulations, orders, resolutions and requirements of Garfield County
and all special districts and any other governmental entity or quasi -
governmental authority(ies) with jurisdiction.
The provisions of this SIA.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all
Subdivision Improvements are constructed and installed in accordance with this
paragraph 2, the record drawings have been submitted upon completion of the
Subdivision Improvements, and all other requirements of this SIA have been met, then
the Owner shall be deemed to have satisfied all terms and conditions of the Final Plat
Documents and the LUDDC, with respect to the installation of Subdivision
Improvements.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE -VEGETATION).
a. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for
Owner's obligation to complete the Subdivision Improvements, Owner shall deliver to
the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter
of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated
in this SIA by reference as Exhibit C (LOC) or in a form consistent with the Uniform
Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be
in the amount of $122,480.19, representing the full estimated cost of completing the
Subdivision Improvements, with a sufficient contingency to cover cost changes,
unforeseen costs and other variables (not less than 10% of the estimated cost and as
approved by the BOCC) to guarantee completion of the Subdivision Improvements. The
LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the
Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole
option, may permit the Owner to substitute collateral other than a Letter of Credit, in a
form acceptable to the BOCC, for the purpose of securing the completion of the
Subdivision Improvements subject of this Paragraph 3.a.
b. LOC Requirements and Plat Recording. The LOC required by this SIA shall be issued by a
state or national banking institution acceptable to the BOCC. If the institution issuing
the LOC is not licensed in the State of Colorado and transacting business within the
State of Colorado, the LOC shall be confirmed within the meaning of the Uniform
Commercial Code, Letters of Credit, 4-5-101, et seq., C.R.S., as amended, by a bank that
is licensed to do business in the State of Colorado, doing business in Colorado, and
acceptable to the BOCC. The LOC shall state that presentation of drafts drawn under
the LOC shall be at an office of the issuer or confirmer located in the State of Colorado.
The Final Plat of the Subdivision shall not be recorded until the security, described in
this paragraph, has been received and approved by the BOCC.
c. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph 2.a,,
above, is extended by a written amendment to this SIA, the time period for the validity
of the LOC shall be similarly extended by the Owner. For each six (6) month extension,
at the sole option of the BOCC, the face amount of the LOC shall be subject to re-
certification by Owner's Engineer of the cost of completion and review by the BOCC.
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Unenforceable LOC. Should the LOC expire or become void or unenforceable for any
reason, including bankruptcy of the Owner or the financial institution issuing or
confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of
completion of the Subdivision Improvements, this SIA shall become void and of no force
and effect and the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do
so by means of submission to the Building and Planning Department of a "Written
Request for Partial Release of LOC", in the form attached to and incorporated by this
reference as Exhibit D, accompanied by the Owner's Engineer's stamped certificate of
partial completion of improvements. The Owner's Engineer's seal shall certify that the
Subdivision Improvements have been constructed in accordance with the requirements
of this SIA, including all Final Plat Documents. Owner may also request release for a
portion of the security upon proof that 1) Owner has a valid contract with a public utility
company regulated by the Colorado Public Utilities Commission obligating such
company to install certain utility lines; and 2) Owner has paid to the utility company the
cost of installation as required by the contract. The BOCC shall authorize successive
releases of portions of the face amount of the LOC as portions of the Subdivision
Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by
the Owner's Engineer and said certification is approved by the BOCC.
f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's
Written Request for Partial Release of LOC, along with Owner's Engineer's certificate of
partial completion of improvements, the BOCC may review the certification and may
inspect and review the Subdivision Improvements certified as complete to determine
whether or not they have been constructed in compliance with relevant specifications,
as follows:
If no letter of potential deficiency is furnished to Owner by the BOCC within
fifteen (15) business days of submission of Owner's Written Request for Partial
Release of LOC, accompanied by Owner's Engineer's certificate of partial
completion of improvements, all Subdivision Improvements certified as
complete shall be deemed approved by the BOCC, and the BOCC shall authorize
release of the appropriate amount of security.
ii. If the BOCC chooses to inspect and determines that all or a portion of the
Subdivision Improvements certified as complete are not in compliance with the
relevant specifications, the BOCC shall furnish a letter of potential deficiency to
the Ow.ner, within fifteen (15) business days of submission of Owner's Written
Request for Partial Release of LOC, accompanied by Owner's Engineer's
certificate of partial completion of improvements.
If a letter of potential deficiency is issued identifying a portion of the certified
Subdivision Improvements as potentially deficient, then all Subdivision
Improvements not identified as potentially deficient shall be deemed approved
by the BOCC, and the BOCC shall authorize release of the amount of security
related to the Subdivision Improvements certified as complete and not
identified as potentially deficient.
iv. With respect to Subdivision Improvements identified as potentially deficient in a
letter of potential deficiency, the BOCC shall have thirty (30) days from the date
of the letter to complete the initial investigation, begun under subparagraph
3.f.ii., above, and provide written confirmation of the deficiency(ies) to the
Owner.
v. If the BOCC finds that the Subdivision Improvements are complete, in
compliance with the relevant specifications, then the appropriate amount of
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g.
security shall be authorized for release within ten (10) business days after
completion of such investigation.
BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the
thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the Subdivision
Improvements are not complete, or if the BOCC determines that the Owner will not or
cannot construct any or all of the Subdivision Improvements, whether or not Owner has
submitted a written request for release of LOC, the BOCC may withdraw and employ
from the LOC such funds as may be necessary to construct the Subdivision
Improvements in accordance with the specifications, up to the face amount or
remaining face amount of the LOC. In such event, the BOCC shall make a written finding
regarding Owner's failure to comply with this SIA prior to requesting payment from the
LOC, in accordance with the provisions of Article 13 of the LUDC. In lieu of or in addition
to drawing on the LOC, the BOCC may bring an action for injunctive relief or damages
for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision
Improvements. The BOCC shall provide the Owner a reasonable time to cure any
identified deficiency(ies) prior to requesting payment from the LOC or filing a civil
action.
h. Final Release of Security. Upon completion of all Subdivision Improvements, Owner
shall submit to the BOCC, through the Community Development Department: 1) record
drawings bearing the stamp of Owner's Engineer certifying that all Subdivision
Improvements have been constructed in accordance with the requirements of this SIA,
including all Final Plat Documents, in hard copy and digital format acceptable to the
BOCC; and 2) a Written Request for Final Release of LOC, in the form attached to and
incorporated herein as Exhibit E, along with Owner's Engineer's stamp and certificate of
final completion of improvements.
The BOCC shall authorize a final release of the LOC after the Subdivision
Improvements are certified as final to the BOCC by the Owner's Engineer and
said final certification is approved by the BOCC. If the BOCC finds that the
Subdivision Improvements are complete, in accordance with the relevant
specifications, the BOCC shall authorize release of the final amount of security,
within ten (10) business days following submission of the Owner's Written
Request for Final Release of LOC accompanied by the other documents required
by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release
of LOC, accompanied by Owner's Engineer's certificate of final completion of
improvements, the BOCC may inspect and review the Subdivision Improvements
certified as complete. If the BOCC does so review and inspect, the process
contained in paragraph 3.f., above, shall be followed.
If the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, the BOCC shall authorize final
release of security within ten (10) days after completion of such investigation.
iv. If the BOCC finds that the Subdivision Improvements are not complete, in
accordance with the relevant specifications, the BOCC may complete remaining
Subdivision Improvements, or institute court action in accordance with the
process outlined in paragraph 3.g., above.
4. WATER SUPPLY [AND WASTEWATER COLLECTION. As stated below, prior to issuance by the
BOCC of any certificates of occupancy for any residences or other habitable structures
constructed within the Subdivision, Owner shall install, connect and make operable a water
supply and distribution system for potable water and a wastewater/sewer collection system in
accordance with approved plans and specifications. All easements and rights-of-way necessary
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tor installation, uperauur , .ei maintenance of such water supply and distribution
system(s) and wastewater collection system shall be as shown on the Final Plat. All facilities and
equipment contained within the water supply and wastewater collection system(s) shall be
transferred by Owner to the Lot owners by bill of sale and managed pursuant to the Cost
Sharing Agreement. If a third party water or sewer service entity requires warranty of the
system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if
necessary, has been assigned.
5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public
as public rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of
the Final Plat. The owners lots of the Subdivision shall be solely responsible for the
maintenance, repair and upkeep of said roads pursuant to the Cost Sharing Agreement. The
BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision.
6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the
Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-way for
installation and maintenance of utilities. Public utility easements shall be dedicated by the
Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road
and Right -of -Way Use Regulations, recorded as Reception No. 643477, in the records of the
Garfield County Clerk and Recorder, as amended. Pursuant to the Cost Sharing Agreement, the
Owners of Lots shall be solely responsible for the maintenance, repair and upkeep of said public
utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC
shall not be obligated for the maintenance, repair and upkeep of any utility easement within the
Subdivision. In the event a utility company, whether publicly or privately owned, requires
conveyance of the easements dedicated on the face of the Final Plat by separate document,
Owner shall execute and record the required conveyance documents.
7. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC
from all claims which may arise as a result of the Owner's installation of the Subdivision
Improvements and any other agreement or obligation of Owner, related to development of the
Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC
for claims made asserting that the standards imposed by the BOCC are improper or the cause of
the injury asserted, or from claims which may arise from the negligent acts or omissions of the
BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of
claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending
any such claim or action. Failure to notify and provide such written option to the Owner shall
extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed
to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and
case law.
8. ROAD IMPACT FEE. Road Impact Fees will be due at the time of building permit and will be
assessed in relation to the square footage and type of dwelling unit or other structure that is
proposed.
9. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of
dedicating land to the RE -1 School District, calculated in accordance with the LUDC and the
requirements of state law. The Owner, therefore, shall pay to the Garfield County Treasurer, at
or prior to the time of recording of the Final Plat $13,680.54 as a payment in lieu of dedication
of land to the RE -1 School District. Said fee shall be transferred by the BOCC to the school
district in accordance with the provisions of 30-28-133, C.R.S., as amended, and the LUDC.
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The Owner agrees that it is obligated to pay the above -stated fee, accepts such
obligations, and waives any claim that Owner is not required to pay the cash in lieu
of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner
entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a
reimbursement of the fee in lieu of land dedication to the RE -1 School District.
10. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately
conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
11. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach
of this SIA, the BOCC may withhold issuance of building permits for any residence or
other habitable structure to be constructed within the Subdivision. Further, no
building permit shall be issued unless the Owner demonstrates to the satisfaction of
the Glenwood Springs Fire Protection District (District), if the Fire District has so
required, that there is adequate water available to the construction site for the
District's purposes [and all applicable District fees have been paid to the District]. No
certificates of occupancy shall issue for any habitable building or structure, including
residences, within the Subdivision until all Subdivision Improvements have been
completed and are operational as required by this SIA.
12. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms
of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to
any lots for which building permits have not been issued. As to lots for which
building permits have been issued, the Plat shall not be vacated and shall remain
valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording,
showing the location by surveyed legal description of any portion of the Final Plat so
vacated by action of the BOCC. If such a Plat is not signed by the BOCC and
recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the
Final Plat, or portions thereof, by resolution
13. ENFORCEMENT. In addition to any rights provided by Colorado statute, the
withholding of building permits and certificates of occupancy, provided for in
paragraph 11, above, the provisions for release of security, detailed in paragraph 3,
above, and the provisions for plat vacation, detailed in paragraph 14, above, it is
mutually agreed by the BOCC and the Owner, that the BOCC, without making an
election of remedies, and any purchaser of any lot within the Subdivision shall have
the authority to bring an action in the Garfield County District Court to compel
enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require
the BOCC to bring an action for enforcement or to withhold permits or certificates or
to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall
this paragraph or any other provision of this SIA be interpreted to permit the
purchaser of a lot to file an action against the BOCC.
14. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield
County Clerk and Recorder and shall be a covenant running with title to all lots,
tracts and parcels within the Subdivision. Such recording shall constitute notice to
prospective purchasers and other interested persons as to the terms and provisions
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of this SIA.
15. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be
binding upon and inure to the benefit of the successors and assigns of the Owner
and the BOCC.
16. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the
Owner and the BOCC, identified below, are authorized as contract administrators
and notice recipients. Notices required or permitted by this SIA shall be in writing
and shall be effective upon the date of delivery, or attempted delivery if delivery is
refused. Delivery shall be made in person, by certified return receipt requested U.S.
Mail, receipted delivery service, or facsimile transmission, addressed to the
authorized representatives of the BOCC and the Owner at the address or facsimile
number set forth below:
Owner:
BOCC:
CMH Homes, Inc.
c/o Shawn Ruse
5000 Clayton Road, Maryville, TN 37804
Board of County Commissioners
of Garfield County, Colorado
c/o Community Development Director
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
17. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing
signed by the parties hereto, as their interests then appear. Any such amendment, including, by
way of example, extension of the Completion Date, substitution of the form of security, or
approval of a change in the identity of the security provider/issuer, shall be considered by the
BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of
the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a
successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the
BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties
may change the identification of notice recipients and contract administrators and the contact
information provided in paragraph 18, above, in accordance with the provisions of that
paragraph and without formal amendment of this SIA and without consideration at a BOCC
meeting.
18. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an
original, and all of which, when taken together, shall be deemed one and the same instrument.
19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this
SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed
according to the laws of the State of Colorado.
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IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat
Approval for the Subdivision.
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO
ATTEST:
Ierk to the Board
OWNER
By: �`� �-•
Name: SIN,law is Rt
Title: (c.14- .P4•1 TAANvat<1 i :z_ L /037
Date: 1 i I
•l
STATE OF o )
)ss.
COUNTY OF M CSG- )
Subscribed and sworn to before me by h &WJ'r VaLJ , an authorized representative of
, Owner of the Subdivision, this II9 day of flutt nbr✓ , 2011.
WITNESS my hand and official seal.
My commission expires: 8 -(
Notaryublic)
JENNIFER NOSTRANT
Notary Public
State of Colorado
Notary ID # 20094025067
M Commisalon Ex.ires 08-10-2021
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EXHIBIT A
1,4
FINAL PIAT
MOUNTAIN SHADOW PLACE
BEING SITUATED IN SE9SWO of SECTION 34, TOWNSHIPS SOUTH, RANGE 99 WEST, 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO.
!Chu..
.
NORTH
MOUMAW SHADOW PIACE
`..27 WESTERN MUSK
suuarcormnuRP
44,01
PACE 01,0116.1,
SOPRIS ENGINEERING - LLC
CIVILCONSULTAMS
SO Z MAIN STREET, SURE A3
a
BONDALE, R%M0
O011623
3TC 3I150PRl5ENG@SOMMIG.CO
a w.o
Cadlnesteallsau
mums% 41y el ,411111.
s
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FINAL VIA,
MOUNTAIN SHADOW PLACE
BEING SITUATED IN SEX5WY. of SECTION34, TOWNSHIP 5 SOUTH, RANGE 89 WEST, 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO. •'—
vx5nxa•x MOLN1TAfNSHADOW EWE LAl Patted,'
77
WESTERN HILLS SUHDNIS70N
1 ACCESS SS.3NIIENc,A111xNn,EUEWEITI.A3
SOPRIS ENGINEERING -LLC
CONSULTANTS
.2 MIN STREET, SUITE.
nMIF, NI9Ep77
19)0 7.4131150PRI5EN00507@SOPRISENG.CO
LEGEND
FAIM4
gam/MX/rpm Lo.,
I
mlj1lllilil
NORTH
MOUNTAIN SHADOW SUBDIVISION
SE Job 0 17076
November 10th, 2017
EXHIBIT B
Engineers Opinion of Probable Costs
ITEM
\ NATURE OF WORK
QUANTITY
UNIT
UNIT COST
ITEM JOB
- ERALL SITE -.
• -
MI
MOBILIZATION
JOB
JOB
LS
LS
$ 5,000.00
$ 2,560.00
$ 5,000.00
$ 2,500.00
M2
—
TRAFFIC CONTROL
SUBTOTAL OVERALL SITE= 15 7.5V0.VU
vG-� UTILITS'..IMP,ROVEMENTS - ' -` ' "' - - "' - -
U1
4'X9" TAPPING SLEEVE AND VALVE
1
EACH
S 3,500.00
SJ 3.500,00
U2
4' DIP
220
LF
9 35.00
$ 7,700.00
U4
1 112" WATER SERVICES
3
LP
9 1,000.00
$ 3,000.00
U.
SEWER SERVICES
2
EACH
9 1,500.00
$ 3,000.00
U6
ELECTRICAL IMPROVEMENTS (ESTIMATE PROVIDED BY GWS ELECTRIC)
1
1.3
S 7,240.06
$ 7,240.96
SUBTOTAL WATER- 1
24,440.96
,.". • -SITE IMPROVEMENTS :. ; _ _•' _- - - - _ - _ _
61
ASPHALT 3" THICK
87
TON
$ 180.00
$ 15,660.00
S2
6" CLASS 6 ABC
105
C.Y.
S 42.00
$ 4,410.00
S3
EXCAVATION
2,140
C.Y.
$ 19.00
S 40,660.00
S4
STORM DRAINAGE (INCLUDES EXCAVATION OF DETENTION PONOS)
1
LS
$ 1,500.00
$ 1,500.00
65
EROSION CONTROL
1
LS
S 2,500.00
$ 2,500:00
SUBTOTAL WATER=
64,730,00
.-�CIVII:FEES: . ... ,: TM
C1 CONSTRUCTION SURVEY,CONSTRUCTION OBSERVATION, TESTING AND AS.BUILTS 1 f LsI $ 5,000.00 $ 6,000.00
.SUBTOTAL CIVIL FEES= $ 5,000.00
SUBTOTAL 9 101,670.96
5% CONTINGENCY $ 4,833.55
TOTAL $ 106,604.61
Note: TI11s.opinion of probable cost was prepared for budge) purposes•only,
Soprts Engineering, LLC. cannot be held responsible for variances from this estimate as actual cost may vary due to bid and market IlUcluatIons.
17076 COST EST 2017.10.100s