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HomeMy WebLinkAbout08.0 SIA & Satisfaction of SIA Information1 ii� n� ugu iiiq dui iii iini11i nR11 ui 1 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO SUBDIVISION IMPROVEMENTS AGREEMENT ROARING FORK PRESERVE SUBDIVISION THIS AGREEMENT is made and entered into this .2p- day of 2002, by and between ROARING FORK PRESERVE, LLC, a Colorado limite liability company (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as Roaring Fork Preserve subdivision; and WHEREAS, approval for the preliminary plan for Roaring Fork Preserve was obtained under the terms and conditions set forth in County Resolution No. 2001-60; and WHEREAS, Owner has submitted to the County for its approval of the Final Plat for Roaring Fork Preserve subdivision (hereinafter "Final Plat") for the property described in said Final Plat and set forth on Exhibit A attached hereto and incorporated by this reference; and WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has completed or has agreed to complete certain subdivision improvements as set forth herein, has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this Agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to Roaring Fork Preserve subdivision, which are required to be constructed by Resolution No. 2001-60, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision 1111111111111111111111111111111111111111111111111111111 603991 06/23/2002 01:69P 81367 P214 K ALSDORF 2 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Regulations. The estimated cost of completion of the subdivision improvements related to Roaring Fork Preserve subdivision is as set forth and certified by a licensed engineer on Exhibit B attached hereto. Such improvements shall be completed on or before September 1, 2002. Additionally, the Owner shall comply with the following: a. All plat documents submitted prior to or at the time of the Final Plat approval which are incorporated herein by reference, and made a part of this agreement; b. All requirements of Resolution No. 2001-60, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to Roaring Fork Preserve subdivision; c. All laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and d. All designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. e. The improvements to be constructed by the Owner shall include, but are not limited to the following: i. internal roads, signage for roads, drainage features and utility structures, fire protection well and three (3) 10,000 gallon fire protection storage tanks, twelve (12) foot wide gravel surface for emergency access easement, and installation of utilities, including natural gas, electric and telephone, in accordance with the plans and specifications therefor contained in the Final Plat. The County agrees that if all improvements are installed in accordance with this Agreement, Final Plat documents, the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this Agreement, and the requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 3. SECURITY FOR IMPROVEMENTS. a. Cash or Letter of Credit. On or before the date of the recording of the Final Plat of Roaring Fork Preserve subdivision with the Garfield County Clerk and Recorder, the Owner shall deliver cash or one or more Letters of Credit in a form acceptable to the County in the total amount of $392,000.00, which is the estimated cost of completing the remaining subdivision improvements related to Roaring Fork Preserve as set forth and certified by a licensed engineer on Exhibit B attached hereto. The Letter(s) of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements 2 1111111111,1112!11 I11111.1!1,1111151,11,12111111,1E11,11 VI set forth herein. If the time for completion of improvements is extended by a written amendment to this Agreement, the time period for the validity of the Letter(s) of Credit shall be similarly extended. Additionally, should the Letter(s) of Credit become void or unenforceable for any reason, including the bankruptcy of the owner or the financial institution issuing or confirming the Letter(s) of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. If cash is deposited, it shall be placed in an interest-bearing account. b. Partial Releases of Security. The County shall release portions of the Security as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release of a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the county shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, the appropriate security shalt be released to the Owner within ten (10) days 3 111111 11111 111111 11111 111111 11111 1111! 111 001 1111 11 11 603697 0/23/2002 01:59P B1357 P216 M ALSDORF 4 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter(s) of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter(s) of Credit. c. Substitution of Letter(s) of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter(s) of Credit described in this Agreement has been received and approved by the County. 4. STREETS. All streets within the Final Plat shall be dedicated for public use. The Homeowners Association shall be solely responsible for the maintenance, repair and upkeep of those streets. The County shall not be obligated to maintain any streets or roads within the subdivision. 5. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this Agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the case of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 6. FEES IN LIEU OF DEDICATION OF LAND TO SCHOOL DISTRICT. The Owner shall make a cash payment in lieu of dedicating land to the Roaring Fork School District, RE -1, calculated in accordance with Sections 9:80 and 9:81 of the Garfield County Subdivision Regulations, which states that the cash in lieu payment is equal to the unimproved per acre market value of the land multiplied by the land dedication standard multiplied by the number of units in the subdivision. The parties acknowledge and agree that for Roaring Fork Preserve the above formula shall be completed, and the total amount of cash payment in lieu of dedication of land, calculated as follows: 4 11I111I 111111111111111111111111111111111111111111111111 5 of 12R�59 00 D 010e GARFI�ELDPCI�TM CSDOttF a. Unimproved per acre market value of land, based upon the appraisal performed by Frank Nisley Appraisal: $1,800,000.00 = 90.034 = $19,992.45. b. Land dedication standard (from Section 9:81): 9 single family DU's and 4 accessory DU's x .020 acres = 0.26; and c. Total amount of cash in lieu payment: $19,992.45 x 0.26 = $5,198.04 The Owner shall therefore pay to the Garfield County Treasurer at or prior to the time of recording the Final Plat for Roaring Fork Preserve subdivision, the sum of $5,198.04 as a payment in lieu of dedication of land to RE -1 School District, which shall be utilized in accordance with the provisions of C.R.S. 30-28-133, as amended. The Owner specifically agrees that it is obligated to pay the above and foregoing fee, accepts such obligation, and waives any claim that it is not so obligated or required to pay such fee. The Owner agrees that subsequent to recording of the Final Plat, Owner will not claim, nor is the Owner entitled to claim, a reimbursement of the fee in lieu of land dedication to RE -1 School District which is paid in accordance with the provisions of this Agreement. 7. FIRE DISTRICT IMPACT FEES. The Owner shall provide the County Planning Department with proof of payment to Carbondale and Rural Fire Protection District of the sum of $5,421.00 as a payment for impact fees to Carbondale and Rural Fire Protection District calculated at $417.00 per lot for nine (9) lots plus four (4) accessory dwelling units. 8. SALE OF LOTS. No lots within the proposed subdivision that is the subject of this Agreement shall be conveyed prior to recording of the Final Plat. 9. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Final Plat until all subdivision improvements have been completed and are operational as required by this Agreement. The Developer shall send the form of Notice attached hereto as Exhibit C to all potential lot purchasers who may be purchasing from the Developer. 10. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. 5 111111111111111111COIN Unit 1111111111111111 803997 05/23/2002 01:59P 61357 P216 M ALSOORF 6 of 12 R 60,00 D 0.00 GARFIELD COUNTY CO 11. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this Agreement, including the terms of the Preliminary Plan, the County shall have the ability to vacate the Final Plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 12. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 13. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 14. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 15. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 16. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Roaring Fork Preserve, LLC c/o Dave McMorris 201 Main Street, Suite 203 Carbondale, CO 81623 with copy to: Robert B. Emerson Attorney at Law 86 South Third Street Carbondale, CO 81623 6 111111111111111111111111111111111111111111 uui 1111 1111 603997 03/23/2002 01:69P B1357 P219 M ALSDORF 7 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO ENTERED INTO the day and year first above written. ROARING FORK PRESERVE, LLC, a Colorado limited liability company Byff Dave McMorris, Manager BOARD OF C• . f OMMISSIONERS OF GARFIEL , COLORADO By: • \WPDATA\RBEdoc-R\RFP Subdivision Improvements Agreement.wpd 7 111111111111111111 11111 11111111111 111111111111111111111 8 o60f1f 2 R 60.0005/23/2002 D 0.00019GARFIELDP220 COUNTYQLSDORF C0 Exhibit "A" A parcel of land situated in Government Lots 12 and 13 in Section 35, and in Government Lotsunty of Garfield 14 and 15 in Section 36, Township 7 South, 88the northeest of the �Y r ghtjaf-way of ixth Prncipal rGarfield County Road No� State of Colorado, said parte{ lying northerly of 100, and being more particularly described as follows: Beginning at the North right-of-way fine of Garfield County Road No. 100, from which the witness corner for the South quarter corner of Section 35, a No. 6 rebar found in place bears South 81°49'57" West 1416.62 feet (record tie: South 81°55' West 1417,05 feet); thence along said right-of-way South 87°2817" East a distance of 425.14 feet; thence along said right-of-way South 88°35'41" East a distance of 154.64 feet; thence along said right-of-way North 88°45'26" East a distance of 310.37 feet to the TRUE POINT OF BEGINNING; thence North 01'14'34" West a distance of 1206.34 feet to a rebar and cap PLS #26950; thence North 67°39'44" West a distance of 478.58 feet to a point on an existing fenceline being a rebar and cap, PLS #26950; thence along said fenceline North 00°40'07" East a distance of 410.00, feet to a rebar and cap, PLS #26950; thence South 65°12'47" East a distance of 389.37 feet to a rebar and cap, PLS #26950; thence South 78°31'47" East a distance of 82.93 feet to a rebar and cap, PLS #26950; thence South 62°09'01" East a distance of 155.56 feet to a rebar and cap, PLS #26950; thence North 66°12'16" East a distance of 185.69 feet to a rebar and cap; PLS #26950; thence South 78°29'52" East a distance of 277.46 feet to a rebar and cap, PLS #26950; e South 65°19'05" East a distance of 262.12 feet to a rebar and cap, PLS #26950; thence South 89°58'08" East a distance of 420.28 feet to a rebar and cap, PLS #26950; thence North 30°22'30" East a distance of 251.43 feet to a rebar and cap, PLS #26950; thence North 72°44'29" East a distance of 264.93 #et toD rebar and cap, PLS #26950; thence North a distance of 740.00 feet to a rebar and cap, PLSthence North 89°53'49" East a distance of 600.00 feet to a rebar and cap, PLS #18478 at the Northeast corner of Government Lot 14 in Section 36; thence South 00°16'36" East a distance of 674.92 feet to the Southeast Corner of Government Lot 14, also being the Northeast corner of Government Lot 15; thence South 00°16'36" East a distance of 1413.08 feet along the easterly line of said G vence the ent Lot owi9, too the Northeast corner of that parcel of land described in Book 763 at Page 727; F (10) courses along the northerly and westerly lines of those County Records:els f land described in Book 763 at Page 727 and in Book 765 at Page 933 of t 1) South 22°04'22" West 22.78 feet; 2) South 02°38'40" West 115.26 feet; 3) South 78°59'17" West 220.50 feet; 4) South 81°58'57" West 266.62 feet; 5) North 81°47'11" West 67.60 feet; 6) North 84°42'56" West 88.95 feet; 7) North 84°42"56" West 114.68 feet; 8) South 79°02'17" West 120.81 feet; 9) North 87°27'14" West 227.54 feet; 10)South 15°25'18" West 192.83 feet to the northely��� of dist torte ofreld County tU28 69 feet to �h oTR�F thence along said right-of-way South 88°45'26" POINT OF BEGINNING 1111111111111111111111111111111111111111111111111111111 603997 05/23/2002 01:59P 61357 P221 M ALSDORF 9 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Ron Liston 918 Cooper Ave. Glenwood Springs. CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Revised May 7, 2002 Dear Ron: February 6, 2002 EXHIBIT B At your request this letter has been written to formally notify yourself and Garfield County on the work completed for the Roaring Fork Preserve. Item High Country Engineer Work Completed Cost Estimate Grading and Earthwork Mobilization $9,000.00 58,000.00 Clearing & Grubbing 527,000.00 520,000.00 Excavation & Earthwork 58,000.00 56,500.00 Unsuitable Material Replacement 51,880.00 - 0 - 3" Asphalt 583,893.60 - 0 - 6" Class 6 ABC 545,000.00 - 0 - 8" Class 3 Collected On -Site 539,000.00 530,000.00 6" Class 6 ABC Pedestrian Trail 52,000.00 - 0 - Storm Drains 15" CMP Culvert w/ Flared End Sections 51,360 00 51,360.00 18" CMP Culvert w/ Flared End Sections 522,800.00 512,500.00 36" CMP Culvert wl Flared End Sections 510,500.00 510,500.00 Shallow Utilities Electric Transformer Pad 57,500.00 55,000.00 Electric!Telephone/Cable Trench and Conduit 551,336.00 528,500.00 Electric/Telephone/Cable by Utility Providers 581,840.00 - 0 - 3' Utility Trench for Gas $13,312.50 58,400.00 Gas to be provided by KN Energy 521,300.00 513,500.00 ;lfisceitaneous Revegetate/Landscape 510,000.00 - 0 - Class 1 Ground Sign 53,900.00 - 0 - Compliance withNPDES inc. Hay bales/Sed. Fence 52,000.00 51,000.00 Fire Protection Storage Tanks (30,000 gal.) 530,000.00 - 0 - Dry Fire Hydrant & Appurtenances 53,000.00 - 0 - Well 525,000.00 525,000.00 Well Housing and Appurtenances 512,000.00 - 0 - Construction Staking, Testing and Observation $25.000.00 510,000.00 SUBTOTAL 5536,622.10 5180,260.00 10% CONTINGENY 553,662.21 518.626.00 TOTAL 5590,284.31 $198,286.00 502 Blain Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sorais ENGINEERING • LLC civil consultants 1111111 11111 111111 11111 111111 11111 11111 III 1111111111111 603297 05/23/2002 01:59P 61357 P222 M ALSDORF 10 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Ron Liston SE Job No. 21064.01 February 6, 2002 Page 2 The cost estimate by High Country Engineering for the project is 5590,284.31. Based upon site investigation, construction observation and testing it is our opinion that $198,286.00 of the work is complete. The remaining work to be completed is $391,998.31. If you have any questions or need additional information please give me a call. Sincerely, SOPRJS hyo,,. Yancy Principal /Hrttntrtttui- Dave McMorris George Kilby NY -M-12 WED 10:39 AM H i GH COUNTRY ENGINEERING FAX N0. 970 945 2555 Roaring Fork Preserve SUMMARY OF PROBABLE. IACONSTRUCTION COST May b, 2002 ITEM ;Gtx din j a,L Mobilization Clearing & Grubbing Excavation & Earthwork Unsuitable Material Replacement 3" Asphalt 6" Class 6 ABC 8" Class 3 Collected On -Site 6" Class 6 ABC Pedestrian Trail UANTITY P. 01 HCE JOB NO: 2000039.09 k:1gprodatalf{te1200010391039cst. xls UNIT COST ;Storm Drains 15" CMP Culvert w/ Flared End Sections 18" CMP Culvert w/ Flared End Sections 36" CMP Culvert w/ Flared End Sections iSiiallOSO $. qa-,1 ism Electric Transformer Pad / Splice Box Electric/Telephone/Cable Trench and Conduit Electric/Telephone/Cable by Utility Providers 3' Utility Trench for Gas Gas to be provided by KN Fncrgy Misceljaieous:,;- itRevegctate/Landscape Class 1 Ground Sign Compliance with NPDES inc. Hay bales/sed, Fenc Fire Protection Storage Tanks (30,000 gal.) Dry Fire Hydrant & Appurtenances Well Well Housing and Appurtenances Construction Staking, Testing & Observation 1 L.S. 1 L.S. 1 L.S. 100 C,Y. 8440 S.Y. 2250 C.Y. 3250 C.Y. 100 C.Y. 40 L.F. 570 L.F. 140 L.F. 6 Each 3720 L.P. 3720 L.F. 3550 L.F. 3550 L.F. 1 L.S. 13 Each 1 L.S. 1 L.S. 1 Each 10 Each 1 Each 1 L.S. 9,000.00 27,000.00 8,000.00 18.80 9.94 20.00 12.00 20.00 34.00 40.00 75.00 1,250.00 13.80 22.00 3.75 6.00 10.000.00 300.00 2,000.00 30,000.00 3,000.00 2,500,00 12,000.00 25,000.00 SUBTOTAL 10% CONTIGENCY TOTAL 9,000.00 27,000.00 8,000.00 1,880.00 83,893.60 45,000.00 39.000.00 2,000.00 1,360.00 22,800.00 10,500.00 7.500.00 51,336,00 81,840.00 13,312.50 21,300.00 10,000.00 3,900.00 2,000.00 30,000.00 3,000.00 25,000.00 12,000.00 25,000.00 $536,622.10 553,662.21 5590,284.31 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 fluctuatiorfi. :�' �.' {.. r `u Some unit costs are based on actual bid values receive Fri,., the awarded _ s:�.:{' . • ; � 1 1111111 VIII 111111111111111111111111111111 IIIIII III IIII 603997 05/33/2002 01:59P 81307 P223 IM ALSDORF 11 of 12 R 60.00 D ib.00 GARFYELD COUNTY CO 121113II1 III11111111100Z1111D111111 II1111111IGRRFIELD2COUHTY 111111II1111111I 0 123R�S 0.08 Com EXHIBIT C NOTICE TO LOT OWNER AND/OR BUILDING PERMIT APPLICANT PLEASE TAKE NOTICE that pursuant to the provisions of Section 9 of the Subdivision Improvements Agreement for Roaring Fork Preserve Subdivision, in the event of any violation of the Agreement by the Developer Roaring Fork Preserve, LLC, Garfield County may withhold issuance of building permits. In addition, no building permit shall be issued with respect to any lot within the subdivision until it has been demonstrated to the satisfaction of Carbondale and Rural Fire Protection District that adequate water is available for the Fire District's purposes at the site of construction. Although Roaring Fork Preserve, LLC, has posted a letter of credit for the benefit of the Garfield County Board of County Commissioners in an amount sufficient to complete all subdivision improvements, Garfield County cannot provide any guarantee of a date certain when those improvements will be completed and therefore you are proceeding at YOUR RISK. You are advised that no Certificate of Occupancy shall be issued for any building or structure within the subdivision until all public subdivision improvements have been completed and are operational as required by said Subdivision Improvements Agreement. Signature by the undersigned acknowledges receipt of a copy of this notice and that the undersigned has read this notice and understands it. Lot Owner Building Permit Applicant - Contractor 4/16/02-G:\DataNdan\wpdaca\Abedocal\rfp notice to lot owner.wpd TrnIOTHY E. WHrrsrrr whitsitt@cdalelaw_com WHITSITT & GROSS, P.C. LAWYERS 320 MAIN STREET, SUITE 200 CARBONDALE, COLORADO 81623 TELEPHONE: (970) 963-6363 FACSIMILE: (970) 963-6667 October 30, 2003 Board of County Commissioners Of Garfield County 108 Eighth St, Suite 213 Glenwood Springs, CO 81601 Attn: Linda Morcom Dear Linda: ERIC J. GROSS* • cdalelaw@cdalelaw.com *Also admitted in Massachusetts I have enclosed the FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE ROARING FORK PRESERVE SUBDIVISION. Please have the Chairman of the Board of County Commissioners sign, witness his signature and return to me in the enclosed envelope. Please call Eric Gross or myself with any questions. Thank you for your assistance. /cah Enclosures Sincerely, WHITSITT & 'ROSS, P.C. Cheryl . sselbring Administrative Assistant FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE ROARING FORK PRESERVE SUBDIVISION THIS FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT for the Roaring Fork Preserve Subdivision is made and entered into this day of October, 2003, by and between ROARING FORK PRESERVE, LLC, ("Owner") and THE BOARD OF COUNTY C OMMISSIONERS 0 F G ARFIELD COUNTY COLORADO ("County") WITNESSETH: WHEREAS, Ownei owns that certain real property (the "Property") located in Garfield County, Colorado. A complete description of the Property is attached hereto as Exhibit "A"; and WHEREAS, the County and Owner entered into a Subdivision Improvements Agreement recorded in Book Page of the public records of Garfield County, Colorado (SIA) pursuant to the terms and conditions of the Final Plat approval for the Property; and WHEREAS, The County and the Owner now desire to amend certain teens of the SLA pursuant to Section 15 of the SIA. NOW THEREFORE, in consideration of the mutual covenants contained herein it is agreed as follows: 1. Extension of Improvements Completion Deadline_ Section 2 a. cif the SIA states that improvements trust be completed by September 30, 2002. The County desires to retain certain amount of security to insure the landscaping improvements will survive the winter months. Owner shall provide an extension of the existing letter of credit for this purpose. Accordingly the parties agree that Section 2a of the SIA is amended to state that improvements must be completed by July 15. 2004. 2. All other provisions of the SIA shall remain the same 3. Upon execution and authorization from the County; the owner shall record this Amendment to the SIA with the Office of the Clerk & Recorder of Garfield County. E'd 2LL'ON 55065 UISIIHM Wd8T:t' E002'9F1J0 IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT for the Roaring Fork Preserve Subdivision the date and year first above written. ROARING FORK PRESERVE, LLC, a Colorado limited liability company By: Dave McMorris, Manager By: Z'd ZLL'ON BOARD OF COUNTY COMMISSIONERS OF GARFTELD COUNTY, COLORADO Chairman ATTEST: Clerk of the Board SSOdO 11IS.IHM WdLT:b E002'9T'100 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situated in Government Lots 12 and 13 in Section 35, and in Government Lots 14 and 15 in Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, said parcel tying Northerly of the Northerly right of way of Garfield County Road No. 100, and being more particularly described as follows: Beginning at the North right of way line of Garfield County Road No. 100, from which the witness corner for the South quarter corner of Section 35, a No. 6 rebar found in place bears S 81°49'57" W 1416.62 feet (record tie: S 81°55' W 1417.05 feet); thence along said right of way S 87028'17" E a distance of 425.14 feet; thence along said right of way S 88°35'41" E a distance of 154.64 feet; thence along said right of way N 88°4526" E a distance of 310.37 feet to the TRUE POINT OF BEGINNING; thence N 01'14'34" W a distance of 1206.34 feet to a rebar and cap, PLS #26950; thence N 67°39'44" W a distance of 478.58 feet to a point on an existing fenoeline being a rebar and cap, PLS #26950; thence along said fenceline N 00°40'07" E a distance of 410.00 feet to a rebar and cap, PLS #26950; thence S 65912'47" E a distance of 389.37 feet to a rebar and cap, PLS #26950; thence S 78°31'47" E a distance of 82.93 feet to a rebar and cap, PLS #26950; thence S 62°09'01" E a distance of 155.56 feet to a rebar and cap, PLS #26950; thence N 66°12'16" E a distance of 185.69 feet to a rebar and cap, PLS #26950; thence S 78°29'52" E a distance of 277,46 feet to a rebar and cap, PLS #26950; thence S 65°19'05' E a distance of 252.12 feet to a rebar and cap, PLS #26950; thence S 89°58'08" E a distance of 420.28 feet to a rebar and cap, PLS #26950; thence N 30°22'30" E a distance of 251.43 feet to a rebar and cap, PLS #26950; thence N 72°44'29` E a distance of 264.93 feet to a rebar and cap, PLS 1`26950; thence North a distance of 740.00 feet to a rebar and cap, PLS #26950; thence N 89°53'49" a distance of 600.00 feet to a rebar and cap, PLS #18478 at the Northeast corner of Government Lot 14 in Section 36; thence S 00°16'36" E a distance of 674.92 feet to the Southeast corner of Government Lot 14, also being the Northeast corner of Government Lot 15; thence S 00°16'36" E a distance of 1413.08 feet along the Easterly line of said Government Lot 15, to the Northeast corner of that parcel of land described in Book 763 at Page 727; thence following ten (10) courses along the Northerly and Westerly lines of those parcels of land described in Book 763 at Page727 and in Book 765 at Page 933 of the Garfield County records: S 22°04'22" W 22.78 feet; thence S 02°38'40" W 115.26 feet; thence S 78°59'17" W 220.50 feet; thence S 81058'57` W 266.62 feet; thence N 81°47'11" W 67.60 feet; thence N B4042'56" W 88.95 feet; thence N 84`42'56" W 114.68 feet; thence S 79'02'17" W 120.81 feet; thence N 87027'14" W 227.54 feet; thence S15025'16" W 192.83 feet to the Northerly right of way of Garfield County Road No. 100, thence along said right of way S 88°45'26" W a distance of 1028.69 feet to the TRUE POINT OF BEGINNING. • • ACKNOWLEDGMENT OF SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Preserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied, as verified in attached statement from Yancy Nichol, P. E., Sopris Engieering, LLC dated October 15, 2004, that work has been completed 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 $4,400.00 for work completed consistent with improvements described in the Subdivision Improvements Agreement. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. Garfield County Clerk s 11 • • 1 • • REDUCTION CERTIFICATE, #7 TO: ALPINE BANK (Basalt) Attn: Ryan Beckman, Asst. Vice President/Manager 137 Midland Avenue Basalt, CO 81621 Re: Alpine Bank Letter of Credit No. 0550500001, dated May 22, 2002, original amount $356,250.00, prior reduction (#1)$38,149.69,(#2)$57,753.35, (3)$17,700.00, (4)$190,156.96, (5) $37,500.00(6) $10,590.00 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Im- provements Agreement dated May 20, 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 4,400.00 To a new total not exceeding USD 0.00 The original Letter of Credit is attached for endorsement. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Dated: Title: Chairman • • 111111m - f • • Mark Bean Garfield County Planning 109 86 Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Dear Mark: This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $0. RECEIVED OCT 1 8 2004 GARFIELD COUNTY SUIWING & PLANNING October 15. 2004 Based on periodic observation and testing and final walk through on October 15, 2004, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost estimate and work completed schedule. Engineers Cost Estimate Work Completed Remaining Amount $590,284.31 - $590,284.31 $0.00 If you have any questions or need additional information please give me a call. Sincerely, SOWS; ERING, LLC Yancyitg; P.E. Principal cc: David McMorris George Kilby Bob Emerson 502 Main Street - Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPR1s E NGIN EERING • LLC civil consultants • • • ITEM Grading and Earthwork Mobilization Clearing & Grubbing Excavation & Earthwork Unsuitable Material Replacement 3" Asphalt 6" Class 6 ABC 8" Class 3 Collected On -Site 6" Class 6 ABC Pedestrian Trail Storm Drains 15" CMP Culvert w/ Flared End Sections 18" CMP Culvert w/ Flared End Sections 36" CMP Culvert w/ Flared End Sections Shallow Utilities Electric Transformer Pad Electric/Telephone/Cable Trench and Conduit Electric/Telephone/Cable by Utility Providers 3' Utility Trench for Gas Gas to be provided by KN Energy Miscellaneous Revegetate/Landscape Class I Ground Sign Compliance with NPDES inc. Hay bales/Sed. Fence Fire Protection Storage Tanks (30,000 gal.) Dry Fire Hydrant & Appurtenances Well Well Housing and Appurtenances Construction Staking, Testing and Observation SUBTOTAL 10% CONTINGENY TOTAL Gi 77 HIGH COUNTRY WORK ENGINEERING COST COMPLETED ESTIMATE $9,000.00 $9,000.00 $27,000.00 $27,000.00 $8,000.00 $8,000.00 $1,880.00 $1,880.00 $83,893.60 $83,893.60 $45,000.00 $45,000.00 $39,000.00 $39,000.00 $2,000.00 $2,000.00 $1,360.00 $1,360.00 $22,800.00 $22,800.00 $10,500.00 $10,500.00 $7,500.00 $7,500.00 $51,336.00 $51,336.00 $81,840.00 $81,840.00 $13,312.50 $13,312.50 $21,300.00 $21,300.00 $10,000.00 $10,000.00 $3,900.00 $3,900.00 $2,000.00 $2,000.00 $30,000.00 $30,000.00 $3,000.00 $3,000.00 $25,000.00 $25,000.00 $12,000.00 $12,000.00 $25,000.00 $25,000.00 $536,622.10 $53,662.21 $536,622.10 $53,662.21 $590,284.31 $590,284.31 ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Preserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part as verified in attached statement from Yancy Nichol, P. E., Sopris Engieering, LLC dated September 10, 2003, that work has been partially completed 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 $10,590.00 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $4,400.00 for the improvements remaining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. Garfield County Clerk REDUCTION CERTIFICATE, #6 TO: ALPINE BANK (Basalt) Attn: Ryan Beckman, Asst. Vice President/Manager 137 Midland Avenue Basalt, CO 81621 Re: Alpine Bank Letter of Credit No. 0550500001. dated May 22, 2002, original amount $356,250.00, prior reduction (#1)$38,149.69,(#2)$57,753.35, (3)$17,700.00, (4)$190,156.96, (5) $37,500.00 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20, 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 10,590.00 To a new total not exceeding USD 4,400.00 The original Letter of Credit is attached for endorsement. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Dated: Title: Chairman September 10, 2003 Mark Bean Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Dear Mark: DECEIVED SEP 7 2 2063 This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $4,400.00. This amount is to remain until next spring for verification that the revegetation is successful. Roaring Fork Preserve's share is $4.400.00 and Mayfly Bend Ranch's share is $- 0 -. On behalf of Roaring Fork Preserve, we request that the warranty period start as of September 10, 2003. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost estimate and work completed schedule. Engineers Cost Estimate Work Completed Remaining Amount $590,284.31 - $585,884.31 $4,400.00 If you have any questions or need additional information please give me a call. Sincerely, SOPRI. ;►, ,1 EERING, LLC YancY/�y��. Principal cc: David McMorris George Kilby Bob Emerson 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants ITEM HIGH COUNTRY WORK ENGINEJBING COST COMPLETE]? ESTIMATE Grading and Earthwork Mobilization $9,000.00 $9,000.00 Clearing & Grubbing $27,000.00 $27,000.00 Excavation & Earthwork $8,000.00 $8,000.00 Unsuitable Material Replacement $1,880.00 $1,880.00 3" Asphalt $83,893.60 $83,893.60 6" Class 6 ABC $45,000.00 $45,000.00 8" Class 3 Collected On -Site $39,000.00 $39,000.00 6" Class 6 ABC Pedestrian Trail $2,000.00 $2,000.00 Storm Drains 15" CMP Culvert w./ Flared End Sections $1,360.00 $1,360.00 18" CMP Culvert w/ Flared End Sections $22,800.00 $22,800.00 36" CMP Culvert w/ Flared End Sections $10,500.00 $10,500.00 Shallow Utilities Electric Transformer Pad $7,500.00 $7,500.00 Electric/Telephone/Cable Trench and Conduit $51,336.00 $51,336.00 Electric/Telephone/Cable by Utility Providers $81,840.00 $81,840.00 3' Utility Trench for Gas $13,312.50 $13,312.50 Gas to be provided by KN Energy $21,300.00 $21,300.00 Miscellaneous Revegetate/Landscape $10,000.00 $6,000.00 Class 1 Ground Sign $3,900.00 $3,900.00 Compliance with NPDES inc. Hay bales/Sed. Fence $2,000.00 $2,000.00 Fire Protection Storage Tanks (30,000 gal.) $30,000.00 $30,000.00 Dry Fire Hydrant & Appurtenances $3,000.00 $3,000.00 Well $25,000.00 $25,000.00 Well Housing and Appurtenances $12,000.00 $12,000.00 Construction Staking, Testing and Observation $25,000.00 $29,000.00 SUBTOTAL 1O% CONTINGENY TOTAL $536,622.10 $53,662.21 $536,622.10 $53,662.21 4i14 " g $590,284.31 $590,284.31 DATE: //- FROM: / FROM: GARFIELD COUNTY TREASURER RECEIPT Co' ate✓ RE: assn sovvo / SIGNED: 47 -44 -4 -7 - 4-44i s/mac/o Z BY Alpine Bank 1VED NOV 0 2003 3UI1.:: '.- °,NNING IRREVOCABLE STANDBY LETTER OF CREDIT Date of Issue: Amount: Number: Expiration Date: APPLICANT: BENEFICIARY: PURPOSE: SEPTEMBER 1, 2003 $4,000.00 0550500001 JULY 15, 2004 ROARING FORK PRESERVE, LLC Basalt 137 Midland Avenue P.D. Box 349 Basalt, Colorado 81621 970-927-3101 Fax 970-927-8049 BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO TO SECURE DEVELOPER IMPROVEMENTS REQUIRED PURSUANT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT, ROARING FORK PRESERVE SUBDIVISION, BEWEEN ROARING FORK PRESERVE, LLC, AND THE BOARD OF COUNTY COMMISSSIONERS OF GARFIELD COUNTY, COLORADO DATED MAY 20,2002 To Whom It May Concern: We hereby establish in Beneficiary's favor, at the request and for the benefit of Applicant, our Irrevocable Standby Letter of Credit in an amount not to exceed $4,000.00 (U.S. $4,000.00), The purpose of this letter is to secure the performance of and the compliance with, the agreement by and between Applicant and Beneficiary. Beneficiary shall promptly notify Bank when a default or event of default of said agreement occurs. Your notification shall include any notice or order required to be sent to Applicant pursuant to the agreement. Notice shall ba by telephone and in writing to: ALPINE BANK BASALT ATTENTION: RYAN BECKMAN 137 MIDLAND AVENUE BASALT, CO 81621 PHONE #970-927-3101 We hereby agree to honor drafts drawn under and in compliance with the terms of this Letter of Credit if duly presented to a loan officer at 137 MIDLAND AVENUE, BASALT, COLORADO, before 3:00 p.m. local time on or before the expiration date, excluding Saturdays and bank holidays. Partial drawings are permitted. This Letter of Credit is not transferable. www.alpinebank.com EERING 1111111 111111 131 DIEM 1111111111 11111 IIII 1111 638313 10/08/2003 12:58P 61527 P839 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Mark Bean Garfield County Planning 109 8`'' Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 September 10, 2003 RECEIVED SEP 1 2 2003 Dear Mark: This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $4,400.00. This amount is to remain until next spring for verification that the revegetation is successful. Roaring Fork Preserve's share is $4.400.00 and Mayfly Bend Ranch's share is $- 0 -. On behalf of Roaring Fork Preserve, we request that the warranty period start as of September 10, 2003. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost estimate and work completed schedule. Engineers Cost Estimate Work Completed Remaining Amount $590,284.31 - $585,884.31 $4,400.00 If you have any questions or need additional information please give me a call. Sincerely, SOPRI . � ERING, LLC ti Yanot.� Principal cc: David McMorris George Kilby Bob Emerson 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGIN • LLC civil consultants 1111111 11111 111111 11111 111111111 11111111D 11111 11111111 638313 10/08/2003 12 5815 61527 P840 M ALSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO ITEM MGR COUNTRY WORK yNGLNEERING COST COMPLETED ESTIMATE Grading and Earthwprll Mobilization $9,000.0.0 $9,000.00 Clearing & Grubbing $27,000.00 $27;000.00 Excavation & Earthwork $8,000.00 $8,000.00 Unsuitable Material Replacement $1,880.00 $1,880.00 3" Asphalt $83,893.60 $83,893.60 6" Class 6 ABC $45,000.00 $45,000.00 8" Class 3 Collected On -Site $39,000.00 $39,000.00 6" Class 6 ABC Pedestrian Trail $2,000.00 $2,000.00 ,Sloan Drains 15" CMP Culvert w/ Flared End Sections .18" CMP Culvert w/ Flared End Sections 36" CMP Culvert w/ Flared End Sections Shallow Utilities Electric Transformer Pad , Electric/Telephone/Cable Trench and Conduit Electric/Telephone/Cable by Utility Providers .3' Utility Trench for Gas Gas to be provided by KN Energy $1,360.00 $1,360.00 $22,800.00 $22,800.00 $10,500.00 $10,500.00 $7,500.00 $7,500,00 $51,336.00 $51,336.00 $81,840.00 $81,840.00 $13,312.50 $13,312.50 $21;300.00 $21,300.00 Miscellaneous Revegetate/Landscape $10,000.00 $6,000,00 Class I Ground Sign 53,900.00 • $3,900.00 Compliance with NPDES inc. Hay bales/Sed. Fence 52,000.00 - $2,000.00 Fire Protection Storage Tanks (30,000 gal.) 530,000.00, $30,000.00 Dry Fire Hydrant & Appurtenances - $3,000.00 $3,000.00 WeU $25,000.00 $25,000.00 Well Housing and Appurtenances $12,000.00 $12,000.00 Construction Staking, Testing and Observation $25,000.00 $29,000.00 SUBTOTAL 10% CONTINGENY TOTAL $536,622.10 $53,662.21 5536,622.10 $53,662.21 $590,264.31 $590,284.31 FAX Number of Pages: (including this cover sheet) Date: ////? TO: 5/(96//,,6 #04-e e07 A -0 /r/ FROM: fl 6(41Th FAX #: 945-- 73C Comments: 7-71/6o 0440v ee-yk Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 (970) 945-8212 Fax # (970) 384-3470 OCT -3I-03 FRI 05:20 PM ALPINE BANK BASALT 0 Alpine Bank Date of Issue: Amount: Number: E.xpiratinit Date: APPLICANT; BENEFICIARY: PURPOSE: FAX NO. 970 927 8099 P. 02/03 Basalt 1;17 Midland Avonue P.O. Box 349 Basalt. Colorado 81621 970927-3101 Fax 970-927.8049 IRREVOCABLE STANDBY LETTER OF CREDIT SEPTEMBER 1, 2003 $4,000.00 0550500001 JULY 15, 2004 ROARING FORK PRESERVE, LLC BOARD OF COUNTY COMMISSIONERS OF GARFIEI,D COUNTY, COLORADO TO SECURE DEVELOPER IMPROVEMENTS R13QUIRED PURSUANT TO TILE SUBDIVISION IMPROVEMFNTS AGREEMENT, ROARING FORK PRESERVE SUBDIVISION, BEWEEN ROARING FORK PRESERVE, LLC, AND TIIE BOARD OF COUNTY COMMISSSIONFRS OF GARFIELD COUNTY, COLORADO DATED MAY 20,2002 To Whom It May Concern: We hereby establish in Beneficiary's favor, at the request and for the benefit of Applicant, our Irrevocable Standby Letter of Credit in an amount not to exceed $4,000.00 (U.S. 54.000.00). The purpose of this letter is to secure the performance of and the compliance with, the agreement by and between Applicant and Beneficiary. Beneficiary shall promptly notify Bank when a default or event of default of said agreement occurs. Your notification shall include any notice or order required to be sent to Applicant pursuant to the agreement. Notice shall be by telephone and in writing to: ALPINE BANK BASALT ATTENTION: RYAN BECKMAN 137 MIDLAND AVENUE BASALT, CO 81621 PHONE #970-927-3101 We hereby agree to honor drafts drawn under and in compliance with the terms of this Letter of Credit if duly presented to a loan officer al 137 MIDLAND AVENUE, BASALT, COLORADO, before 3:00 p.m. local time on or before the expiration date, excluding Saturdays and hank holidays. Partial drawings are permitted. This Letter of Credit is not transferable. www.olpinebank.com OCT -31-03 FPI 05:21 PM ALPINE BANK BASALT FAX 110. 970 927 8049 P. 03/03 The conditions for payment of any draft drawn against this Letter of Credit are as follows: 1. Receipt by Rank of Beneficiary's manually signed statement by an authorized signatory certifying that Applicant has failed to perform with, or comply in accordance with, the provisions of said agreement by and between Applicant and Beneficiary, and stating the dollar amount of the default. 2. Presentation of the original Letter of Credit to Bank, endorsed on the reverse sidc with the words: ``Drawn by the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY in the amount of $4,000.00" then manually signed by an authorized signatory. The amount available under this Letter of Credit may be reduced from time to time upon receipt by Alpine Bank of a Reduction Certificate in the form attached hereto as Exhibit A, which forms an integral part of this Letter of Credit. Each reduction must be endorsed on the reverse side of this original Letter of Credit by the Beneficiary, This Letter of Credit shall be governed by Article V of the Uniform Commercial Code as in effect in the State of Colorado on the date of issue, This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by any document, instrument or agreement referred to herein, or in which this credit is referred to, or to which this credit relates; and no such reference shall be deemed to incorporate herein by reference any such document, instrument or agreement. ALPINE BANK BASALT By: RY N : KMAN, ASSISTANT VICE PRESIDENT OCT -31-03 FRI 05.'20 PM ALPINE BANK BASALT Alpine Bank 4 i• e Basalt FAX NO. 970 927 8049 P. 01/03 FAX TRANSMITTAL TO: !Vcr' f3e E1.V D NOV0�;+ 3 GARFIELD COUNTY BUILDING & PLANNING DEPARTMENT: FAX: WV- 3/71 DATE: b 1-"S t/ t, TIME: FROM: Qx()„,_ f DEPARTMENT: FAX: PAX: - Poi? COMMENTS: r ,J o&,) rh -e c o y S' "%A ea THIS TRANSMISSION CONSISTS OF D PAGE(S), INCLUDING THIS TRANSMITTAL PAGE. IF YOU DO NOT RECEIVE ALL OF THE SPECIFIED PAGES, PLEASE CALL (970)927-3101. OUR FAX NUMBER IS (970)927-8049. Box R • Basalt, Colorado 81621 • (970) 927-3107 • FAX (910) 927-8049 LnnnwM 4nnu.n ••• amok iJ 6•••1. OCY `69 Recycled Paper FAX Number of Pages: (including this cover sheet) Date: TO: FROM: FAX #: Comments: 92787 /I gic-vm Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 (970) 945-8212 Fax # (970) 384-3470 11111111111111111111111 11111111111111111111111111111111 538313 10/08/2003 12 58P B1527 P838 M[ ALSDORF 1 of 3 R 0.00 0 0.00 GARFIELD COUNTY CO ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Preserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part as verified in attached statement from YancyNichol, P. E., Sopris Engieering, LLC dated September 10, 2003, that work has been partially completed 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 $10,590.00 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $4,400.00 for the improvements remaining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: The foregoing instrument was acknowledged before me this day of a> , 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. REDUCTION CERTIFICATE, #6 TO: ALPINE BANK (Basalt) Attn: Ryan Beckman, Asst. Vice President/Manager 137 Midland Avenue Basalt. CO 81621 Re: Alpine Bank Letter of Credit No. 0550500001, dated May 22, 2002, original amount $356,250.00, prior reduction (#1)$38,149.69,(#2)$57,753.35, (3)$17,700.00, (4)$190,156.96, (5) $37,500.00 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20, 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 10,590.00 To a new total not exceeding USD 4,400.00 The original Letter of Credit is attached for endorsement. Dated: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Title: Chairman a. Alpine Bank • ' Carbondale RECEIVED MA9 1 7003 GARFIELD COUNTY BUILDING `? PLANNING IRREVOCABLE STANDBY LETTER OF CREDIT Date of Issue: MAY 22, 2002 Amount: $35,750.00 Number: 0650231101 Expiration Date: SEPTEMBER 1, 2002 APPLICANT: GEORGE R. KILBY BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO -- PURPOSE: TO SECURE DEVELOPER IMPROVEMENTS REQUIRED PURSUANT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT, ROARING FORK PRESERVE SUBDIVISION, BETWEEN GEORGE R. KILBY, AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO DATED MAY 20, 2002 To Whom It May Concern: We hereby establish in Beneficiary's favor, at the request and for the benefit of Applicant, our Irrevocable Standby Letter of Credit in an amount not to exceed $35,750.00 (U.S. $35,750.00). The purpose of this letter is to secure the performance of and the compliance with, the agreement by and between Applicant and Beneficiary. Beneficiary shall promptly notify Bank when a default or event of default of said agreement occurs. Your notification shall include any notice or order required to be sent to Applicant pursuant to the agreement. Notice shall be by telephone and in writing to: ALPINE CARBONDALE ATTENTION: RICHARD FULLER 0350 HIGHWAY 133 CARBONDALE, CO 81623 PHONE #970-963-3040 We hereby agree to honor drafts drawn under and in compliance with the terms of this Letter of Credit if duly presented to a loan officer at 0350 HIGHWAY 133, CARBONDALE, COLORADO, before 3:00 p.m. Local time on or before the expiration date, excluding Saturdays and bank holidays. Partial drawings are permitted. This Letter of Credit is not transferable. 0350 Highway #133 • Carbondale, Colorado 81623 • (970) 963-3040 • FAX (970) 963-9116 www.alpinebank.com al The conditions for payment of any draft drawn against this Letter of Credit are as follows: 1. Receipt by Bank of Beneficiary's manually signed statement by an authorized signatory certifying that Applicant has failed to perform with, or comply in accordance with, the provisions of said agreement by and between Applicant and Beneficiary, and stating the es?., dollar amount of the default. . 2. Presentation of the original Letter of Credit to Bank, endorsed on the reverse side with thewords: "Drawn by the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, in the amount of $35,750.00" then manually signed by an authorized signatory. 1 .N, The amount available under this Letter of Credit may be reduced from time to time upon receipt tl by Alpine Bank of a Reduction Certificate in the form attached hereto as Exhibit A, which forms an integral part of this Letter of Credit. Each reduction must be endorsed on the reverse side of this original Letter of Credit by the Beneficiary. ,• This Letter of Credit shall be governed by Article V of the Uniform Commercial Code as in effect in the State of Colorado on the date of issue. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by any document, instrument or agreement referred to herein, or in which this credit is referred to, or to which this credit relates; and no such reference shall be deemed to incorpor, herein by reference any such document, instrument or agreement. y: ' � I ,�. _� 4#�_►4 � ► • �i'a` . �OBERTS, B liG OFFICER BANK, CARB EL G OFFICER ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Preserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part as verified in attached statement from Yancy Nichol, P. E., Sopris Engieering, LLC dated April 3, 2003, that work has been partially completed 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 $56,100.00 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $16,390.00 for the improvements remaining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. Garfield County Clerk April 3, 2003 Mark Bean Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Dear Mark: RECEIVED AFS n00`I p tG PLANNING �U G This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $16,390.00. Roaring Fork Preserve's share is $14,990.00 and Mayfly Bend Ranch's share is $1,400.00. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost estimate and work completed schedule. Engineers Cost Estimate Work Completed Remaining Amount $590,284.3 1 - $573,894.31 $16,390.00 If you have any questions or need additional information please give me a call. Sincerely, SOPRI ►, INEERING, LLC Yan64 \fq. Principal cc: David McMorris George Kilby Bob Emerson 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sornis ENGINEERING • LLC civil consultants ITEM HIGH COUNTRY WORK ENGINEERING COST COMPLETED ESTIMATE Grading and Earthwork Mobilization $9,000.00 $9,000.00 Clearing & Grubbing $27,000.00 $27,000.00 Excavation & Earthwork $8,000.00 $8,000.00 Unsuitable Material Replacement $1,880.00 $1,880.00 3" Asphalt $83,893.60 $83,893.60 6" Class 6 ABC $45,000.00 $45,000.00 S" Class 3 Collected On -Site $39,000.00 $39,000.00 6" Class 6 ABC Pedestrian Trail $2,000.00 $2,000.00 Storm Drains 15" CMP Culvert w/ Flared End Sections $1,360.00 $1,360.00 18" CMP Culvert wl Flared End Sections $22,800.00 $22,800.00 36" CMP Culvert w/ Flared End Sections $10,500.00 $10,500.00 Shallow Utilities Electric Transformer Pad $7,500.00 $7,500.00 Electric/Telephone/Cable Trench and Conduit $51.336.00 $51,336.00 ElectriciTelephone'Cable by Utility Providers $81, 840.00 $81,840.00 3' Utility Trench for Gas $13,312.50 $13,312.50 Oras to be provided by KN Energy $21,300.00 $21, 300.00 Miscellaneous Revegetate/Landscape $10,000.00 - 0 - Class 1 Ground Sign $3,900.00 - 0 - Compliance with NPDES inc. Hay bales/Sed. Fence $2,000.00 $2,000.00 Fire Protection Storage Tanks (30,000 gal.) $30,000.00 830.000.00 Dry Fire Hydrant & Appurtenances $3,000.00 $3,000.00 Well $25,000.00 $25,000.00 Well Housing and Appurtenances $12,000.00 $12,000.00 Construction Staking, Testing and Observation $25,000.00 $24,000.00 SUBTOTAL 10% CONTINGENY TOTAL $536,622.10 $53,662.21 $521,722.10 $52,172.21 4Rr3l3#f'f#z. $590,284.31 8573,894.31 ir.a.S 3 ?.'"- ....., / 6.34411" finn1►0 Mark Bean SE Job No. 21064.01 April 3, 2003 Page 2 REDUCTION CERTIFICATE, #5 TO: ALPINE BANK (Basalt) Attn: Ryan Beckman, Asst. Vice President/Manager 137 Midland Avenue Basalt, CO 81621 Re: Alpine Bank Letter of Credit No. 0550500001, dated May 22, 2002, original amount $356,250.00, prior reduction (#1)$38,149.69,(#2)$57,753.35, (3)$17,700.00, (4)$190,156.96 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20, 2002. have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 37,500.00 To a new total not exceeding USD 14,990.00 The original Letter of Credit is attached for endorsement. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Dated: Title: Chairman Fax Pages: Z (including this cover sheet) Date: (2—/7/52_- TO:2.-- FAX # 9z9- ,g()7 4/- e r e �r '.♦W.Si- Garfield County Building & Planning Department 109 8t'' Street,. Suite a0l Glenwood Springs, Colorado 81601 (970) 945-8212 Fax: (970) 384-3470 911-2 REDUCTION CERTIFICATE, #2 TO: ALPINE BANK (Basalt) Attn: Ryan Beckman, Asst. Vice President/Manager 137 Midland Avenue Basalt, CO 81621 Re: Alpine Bank Letter of Credit No. 0550500001. dated May 22, 2002, original amount $356,250.00, prior reduction (#1)$38,149.69 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20, 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 57,753.35 To a new total not exceeding USD 260,346.96 The original Letter of Credit is attached for endorsement. Dated: 3O — © Z BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, CO ORAIO By: Title: 8/29/02-c:\ Data Van\wpdata\Rbedoc J\rtp reduction certificate no. 2.wpd 111111111111111111 IIIA 1111111111111111 Ill 1111111111111 608174 08/18/2002 04:38P 81378 P988 M ALSDORF of 3 R 0.00 D 0.00 GARFIELD COUNTY CO �1. r: •f> L • WITNESS my hand and official seaL ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Preserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part as verified in attached statement from Yancy Nichol, P. E., Sopris Engieering, LLC dated July 30, 2002, that work has been partially completed 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 $62,75135 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $291,096.96 for the improvements remaining STATE OF COLORADO ) )ss „CO NTY OF GARFIELD ) • 'The .f}regoing instrument was acknowledged before me this % day of 2002, by John Martin, as Chairman of the Board of County Commissioners of County, Colorado. By: 1 IIIIII 11111111111 111111111111111111111111111111111111 809174 05/19/2002 04:36P 81378 P987 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO July 30, 2002 Mark Bean Garfield County Planning 109 8=+' Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Revised July 30, 2002 Dear Mark: RECEIVED AUG n 7. 71110 GARFIELD COUNTY BUILDING & PLANNING This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $291,096.96. Roaring Fork Preserve's share is $260,346.96 and Mayfly Bend Ranch's share is $30,750.00. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost estimate and work completed schedule. Engineers Cost Estimate Work Completed $590,284.31 -$299,187.35 $291,096.96 If you have any questions or need additional information please give me a call. Sincerely, SO ERING, LLC rrirti+t++�{ cc: Larry Lederer David McMorris George Kilby Bob Emerson 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sornis ENGINEERING • LLC civil consultants 1 111111 11111 111111 11111 111111 11111 11111 111 11111 1111 1111 600174 08/19/2002 04:38P 51378 P988 M ALSDORF 3 of 3 R 0.00 0 0.00 GARFIELD COUNTY CO Item July 30, 2002 Cast Estimate and Work Completed Schedule SE Job No. 21064.01 High Country Engineer Cost Estimate Work Completed GradinR and Earthwork Mobilization $9,000.00 58,000.00 Clearing & Grubbing $27,000.00 $27,000.00 Excavation & Earthwork $8,000.00 58,000.00 Unsuitable Material Replacement 51,880.00 51,880.00 3" Asphalt $83,893.60 - 0 - 6" Class 6 ABC $45,000.00 $15,000.00 8" Class 3 Collected On -Site $39,000.00 339,000.00 6" Class 6 ABC Pedestrian Trail 32,000,00 - 0 - Storm Drains 15" CMJ Culvert w/ Flared End Sections 51,360.00 $1,360.00 18" CMP Culvert w/ Flared End Sections 322,800.00 322,800.00 36" CMP Culvert w/ Flared End Sections 510,500.00 310,500.00 Shallow Utilities Electric Transformer Pad 57,500.00 57,500.00 ElectricfTelephone/Cable Trench and Conduit 551,336.00 $51,336.00 Electric/Telephone/Cable by Utility Providers $81,840.00 - 0 - 3' Utility Trench for Gas 513,312.50 513,312.50 Gas to be provided by KN Energy 321,300.00 $21,300.00 Miscellaneous Revegetate'Landscape $10,000.00 - 0 - Class 1 Ground Sign 33,900.00 - 0 - Compliance with NPDES inc. Hay bales/Sed. Fence 52,000.00 $2,000.00 Fire Protection Storage Tanks (30,000 gal.) 330,000.00 - 0 - Dry Fire Hydrant & Appurtenances $3,000.00 - 0 - Well S25,000.00 525,000.00 Well Housing and Appurtenances 512,000.00 - 0 - Construction Staking, Testing and Observation $25 000.00 318,000.00 SUBTOTAL 5536,622.10 5271,988.50 1O% CONTINGENY $53,662.21 $27,198.85 TOTAL 5590,284.31 $299,187.35 502 Main Street • Suite A3 • Carbondale, C0 81623 • (970) 704-0311 • Fax (970) 704.0313 Sopuius ENGINES RING • LLC civil consultants REDUCTION CERTIFICATE, #4 TO: ALPINE BANK (Basalt) Attn: Ryan Beckman, Asst. Vice President/Manager 137 Midland Avenue Basalt, CO 81621 Re: Alpine Bank Letter of Credit No. 0550500001, dated May 22, 2002, original amount $356,250.00, prior reduction (#1)$38,149.69,(#2)$57,753.35, (3)$17,700.00 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20, 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 190,156.96 To a new total not exceeding USD 52,490.00 The original Letter of Credit is attached for endorsement. Dated: la . L.P C.Da., BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Title: Fax Pages: (including this cover sheet) Date: TO: FAX # 9ti3-�4�3 7 �('/ /5 /A)//,& 7./ /N 77/7-e/X-SpAs 11110_ll•• Garfield County Building & Planning Department 109 8th Street, Suite 4201 Glenwood Springs, Colorado 81601 (970) 945-8212 Fax: (970) 384-3470 REDUCTION CERTIFICATE, #4 TO: ALPINE BANK (Basalt) Attn: Ryan Beckman, Asst. Vice President/Manager 137 Midland Avenue Basalt, CO 81621 Re: Alpine Bank Letter of Credit No. 0550500001, dated May 22, 2002, original amount $356,250.00, prior reduction (#1)$38,149.69,(#2)$57,753.35, (3)$17,700.00 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20. 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 190,156.96 To a new total not exceeding USD 52,490.00 The original Letter of Credit is attached for endorsement. Dated: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Title: ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Preserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part as verified in attached statement from Yancy Nichol, P. E., Sopris Engieering, LLC dated September 3, 2002, that work has been partially completed 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 $191,106.96 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $72,490.00 for the improvements remaining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. Garfield County Clerk SEP.30.2002 9:33AM EHG: 970 963-09B5 N0.035 P.1/5 LAW crFr=ea ROBERT B. EMERSON;, P.C. 8 801 -TN CARBONDALE THIRD /TREK" - COLORADO 61+823 (070) OSa-a700 ROSIER, u, EMCRSON September 9, 2002 PAX (W7O) 883-0685 Via Facsimile (970) 384-5005 Poet -It" brand fax transmittal memo 7671 j *01 p+9.. > �.. J From Don DeFord Garfield County Attorney 108 Eighth Street, Suite 219 Glenwood Springs, Colorado 81601 Re: Roaring Fork Preserve Dear Don: co. bep* Mico* -Prim Yancy Nichol of Sopris Engineering, LLC recently sent Marlc Bean a certification that additional work an the Roaring Fork Preserve Subdivision had been completed and requested that the Roaring Fork Preserve Letter of Credit be reduced by $17,700.00. Copies of the documents sent to Mark Bean are enclosed herewith. Also enclosed is Reduction Certificate, No. 3 for approval by John Martin. i would appreciate it if you or Mark could see that this is placed on the Commissioner's Consent Agenda as soon as possible and if one of you could fax back a copy of the Reduction Certificate, No. 3 once signed. If you have any questions, please give me a call. RBE/es Enclosures cc: Mark Bean w/Enclosures Via Facsimile 384-3470 Roaring Fork Preserve via Regular Mail w/Enclosures Sincerely, l� Robert B. Emerson November 5, 2002 Mark Bean Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Revised July 30, 2002 Revised September 3, 2002 Dear Mark: RECEIVED NOV 19 2002 GARFIEL.D COUNTY BUILDING & PLANNING This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $72,490.00. Roaring Fork Preserve's share is $52,490.00 and Mayfly Bend Ranch's share is $20,000.00. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost estimate and work completed schedule. Engineers Cost Estimate Work Completed Remaining Amount $590,284.31 - $517,794.31 $72,490.00 If you have any questions or need additional information please give me a call. Sincerely, PRIS ►►,�^ ERING, ,LC t r+' \4,4. 'Yan • PrincipiNi A ��`� � cc: Larry Lederer David McMorris George Kilby Bob Emerson 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sorais ENGINEERINC• [LO civil consultants ITEM UIGH COUNTRY WORK ENGINEERING COST COMPLETED ESTIMATE Grading and Earthwor& Mobilization $9,000.00 $9,000.00 Clearing & Grubbing $27,000.00 $27,000.00 Excavation & Earthwork $8,000.00 $8,000.00 Unsuitable Material Replacement $1,880.00 $1,880.00 3" Asphalt $83,893.60 $83,893.60 6" Class 6 ABC $45,000.00 $45,000.00 8" Class 3 Collected On -Site $39,000.00 $39,000.00 6" Class 6 ABC Pedestrian Trail $2,000.00 - 0 - Storm Drains 15" CMP Culvert w/ Flared End Sections 18" CMP Culvert w/ Flared End Sections 36" CMP Culvert w' Flared End Sections Shallow Utilities Electric Transformer Pad Electric/Telephone/Cable Trench and Conduit Electric/Telephone/Cable by Utility Providers 3' Utility Trench for Gas Gas to be provided by KN Energy $1,360.00 $1,360.00 $22,800.00 $22,800.00 $10,500.00 $10,500.00 $7,500.00 $7,500.00 $51,336.00 $51,336.00 $81,840.00 $81,840.00 $13,312.50 $13,312.50 $21,300.00 $21,300.00 MisccllaneoRs Revegetate/Landscape $10,000.00 - 0 - Class I Ground Sign $3,900.00 - 0 - Compliance with NPDES inc. Hay bales/Sed, Fence $2,000.00 $2,000.00 Fire Protection Storage Tanks (30,000 gal.) $30,000.00 - 0 - Dry Fire Hydrant & Appurtenances $3,000.00 - 0 - Well $25,000.00 $25,000.00 Well Housing and Appurtenances $12,000.00 - 0 - Construction Staking, Testing and Observation $25,000.00 $20,000.00 SUBTOTAL 10% CONTINGENY $536,622.10 $53,662.21 $470,722.10 $47,072.21 TOTAL $590,284.31 $517,794.31 5EP.30.2002 9:34AM EHG: 970 963-0985 REDUCTION CERTIFICATE, #3 TO: ALPINE BANK (Basalt) Atm: Ryan Beckman, Asst. Vice President/Manager 137 Midland Avenue Basalt, CO 81621 NO.035 P.5/5 Re: Alpine Bank Letter of Credit No. 0550500001, dated May 22, 2002 original amount $356,250.00, prior reductions (#1)$38,149,69,(#2)$57,753.35 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20, 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 17,700.00 To a new total not exceeding USD 242,646.96 Dated: John Martin, Chairman BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: 9/9/02.1RA 3araVan\wpdata\Rlxdoc-Atkb reduction certificate no. 9,wpd ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Preserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part as verified in attached statement from Yancy Nichol, P. E., Sopris Engieering, LLC dated September 3, 2002, that work has been partially completed 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 ofthe Subdivision Improvements Agreement entered into by Owner and the Board for the release of security in the amount of $27,500.00 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $263,596.96 for the improvements remaining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. Garfield County Clerk September 3, 2002 Mark Bean Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Revised July 30, 2002 Revised September 3, 2002 RECEIVED. SEP 11 2002 GARFIELD COUNTY • BUILDING & PLANNING Dear Mark: This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $263,596.96. Roaring Fork Preserve's share is $242,646.96 and Mayfly Bend Ranch's share is $20,95400. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the•original cost estimate and work completed schedule. Engineers Cost Estimate - $590,284.31 - Work Completed $326,687.35 $263,596.96 If you have any questions or need additional information please give me a call. cc: • Larry Lederer: David McMorris George Kilby -Bob Emerson 502 Main Street ^Suite. A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS EtlOI.NEERJ.NG uc civil consultants I September 3, 2002 Item Cost Estimate and Work Completed Schedule SE Job No. 21064.01 High Country Engineer Work Completed Cost Estimate Grading and Earthwork . Mobilization $9,000.00 . $8,000.00 Clearing & Grubbing $27,000:00 $27,000.00 Excavation & Earthwork $8,00000 88,000.00 Unsuitable Material Replacement . $1,880.00 - $1,880.00 3" Asphalt - $83,893,60 _ - 0 - 6" Class 6 ABC $45,000.00 $40,000.00 8" Class 3 Collected On -Site $39,000.00 $39,000.00_ 6" Class 6 ABC Pedestrian Trail $2,000.00 - 0 - Storm Drains 15" CMP Culvert w/ Flared End Sections 18" CMP Culvert w/ Flared End Sections 36" CMP Culvert w/ Flared End Sections Shallow Utilities Electric Transformer Pad Electric/Telephone/Cable Trench and Conduit Electric/Telephone/Cable by Utility Providers 3' Utility Trench for Gas Gas to be provided by KN Energy $1,360,00 $22,800.0.0 $10,500.00 $7,500.00 $51,336.00 $81,840.00 $13,312.50 $21,300.00 $1,360.00 $22,800.00 $10,500.00 $7,500.00 $51,336.00 -0= $13,312.50 $21,300.00 Miscellaneous Revegetate/Landscape $10,000.00 - - 0 Class 1 Ground Sign $3,900.00 - 0 - Compliance with NPDES inc. Haybales/Sed. -Fence $2,000.00 , $2,000.00 Fire Protection Storage Tanks (30,000,ga1.) $30,000.00 - 0 - Dry Fire Hydrant & Appurtenances $3,000.00 • - 0 - Well $25,000.00 $25,000.00 Weil Housing and Appurtenances $12,000.00 0 - Construction Staking, Testing and Observation $25,000,00 $18,000.00 SUBTOTAL, • S536,622.10 $296,988.50 10% CONTINGENY 553,662.21 529,698.85 TOTAL 8590,284.31. - 8326;687.35 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPR,.ENo-INEER1NG • LLC civil consultants ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Preserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part as verified in attached statement from Yancy Nichol, P. E., Sopris Engieering, LLC dated July 30, 2002, that work has been partially completed 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 $62,753.35 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $291,096.96 for the improvements remaining. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. Garfield County Clerk July 30, 2002 Mark Bean Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Revised July 30, 2002 Dear Mark: RECEIVED AUG n 7. ?#ili'J GARFIELD COUNTY BUILDING & PLANNING This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $291,096.96. Roaring Fork Preserve's share is $260,346.96 and Mayfly Bend Ranch's share is $30,750.00. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreernent. Attached is the original cost estimate and work completed schedule. Engineers Cost Estimate Work Completed $590,284.31 -5299,187.35 5291,096.96 If you have any questions or need additional information please give me a call. Sincerely, SO ERING, LLC ftint, tit 0 cc: Larry Lederer David McMorris George Kilby Bob Emerson 502 Main Street ° Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants July 30, 2002 Cost Estimate and Work Completed Schedule SE Job No. 21064.01 Item Grading and Earthwork Mobilization Clearing & Grubbing Excavation & Earthwork Unsuitable Material Replacement 3" Asphalt 6" Class 6 ABC 8" Class 3 Collected On -Site 6" Class 6 ABC Pedestrian Trail Storm Drains 15" CMP Culvert w/ Flared End Sections 18" CMP Culvert w/ FIared End Sections 36" CMP Culvert w/ Flared End Sections Shallow Utilities Electric Transformer Pad Electric/Telephone/Cable Trench and Conduit Electric/Telephone/Cable by Utility Providers 3' Utility Trench for Gas Gas to be provided by KN Energy High Country Engineer Cost Estimate $9,000.00 $27,000.00 $8,000.00 $1,880.00 $83,893.60 $45,000.00 $39,000.00 $2,000.00 $1,360.00 522,800.00 $10,500.00 $7,500.00 $51,336.00 $81,840.00 $13,312.50 $21,300.00 Work Completed $8,000.00 $27,000.00 $8,000.00 51,880.00 -0- $15,000.00 539,000.00 -0- $1,360.00 522,800.00 $10,500.00 $7,500.00 $51,336.00 -0- $13,312.50 $21,300.00 Miscellaneous Revegetate/Landscape $10,000.00 - 0 - Class I Ground Sign $3,900.00 - 0 - Compliance with NPDES inc. Hay bales/Sed. Fence $2,000.00 $2,000.00 Fire Protection Storage Tanks (30,000 gal.) $30,000.00 - 0 - Dry Fire Hydrant & Appurtenances $3,000.00 - 0 - Well $25,000.00 $25,000.00 Well Housing and Appurtenances $12,000.00 - 0 - Construction Staking, Testing and Observation $25,000.00 $18,000.00 SUBTOTAL $536,622.10 5271,988.50 10% CONTINGENY S53,662.21 527,198.85 TOTAL 5590,284.31 $299,18735 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sorais ENGINEERING • LLC civil consultants AUG. 1.2002 3:39PM EHG: 970 963-0985 LAW OFFICES F202ERT E_ EMERSON, P.C. 136 8O13114 THIRD SYREFT ,._ :9A0 *623 (97o) 963.3700; ROM RT B EMERBON August 1, 2002 Via Facsimile 0 38 -5005 Don Deford Garfield County Attorney 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 Re: Roaring Fork Preserve NO.492 P.1/4 RECEIVES JUL 31 2b». t,JFIELDLOUNIY BUI<DMIG & PLANNING FAX (Iwo} 7ia3.Ooeri Dear Don: Yancy Nichol of Sopris Engineering, LLC recently sent Mark Bean a certification that additional work on the Roaring Fork Preserve Subdivision had been completed and requested that the Roaring Fork Preserve Letter of Credit be reduced by $57,753.35. Copies of the documents sent to Mark Bean are enclosed herewith. Also enclosed is Reduction Certificate, No. 2 for approval by John Martin. I would appreciate it if you or Mark could see that this is placed on the Commissioner's Consent Agenda as soon as possible and if one of you could fax back a copy of the Reduction Certificate, No. 2 once signed. If you have any questions, please give me a call. Sincerely, Robert B. Emerson RSE/es Enclosures cc: Mark Bean w/Enclosures Via Facsimile (97Q) 84-34 Roaring Fork Preserve Via Regular Mail w/Enclosures Mark Bean Garfield County Planning 109 8`' Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Revised July 30, 2002 Dear Mark: This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of 5291,096.96. Roaring Fork Preserve's share is 5260,346.96 and Mayfly Bend Ranch's share is $30,750.00. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost estimate and work completed schedule. - Engineers Cost Estimate Work Completed $590,284.31 -5299,187.35 $291,096.96 If you have any questions or need additional information please give me a call, Sincerely, cc: Larry Lederer David McMorris George Kilby Bob Emerson 502,`Mairi Street • Suite A3 • Carbondale, CO 81623 • t970) 704-0311 • Fax (970) 704-0313 Soius ENGINEERING • LLC civil consultants AUG. 1.2002 3:40PM CHG; 970 963-8985 Item Cost Estimate and Work Completed Schedule SE Tob No. 21064M1 High Country Engineer Cost Estimate NO.492 P.3/4 Work Completed Gradin a and Earthwork Mobilization 59,000,00 S8,000.00 Clearing & Grubbing 527,000.00 527,000.00 Excavation & Earthwork 58,000.00 58,000.00 Unsuitable Material Replacement 51,880.00 $1,880.00 3" Asphalt $83,843.60 - 0 - 6" Class 6 ABC 545,000.00 515,000,00 8" Class 3 Collected Ou-Sice 539,000.00 $39,000.00 6" Class 6 ABC Pedestrian Trail 52,000.00 .0 - Storm Drains 15" CMP Culvert w/ Flared End Sections 51,360.00 51,360,00 18" CMP Culvert w/ Flared End Sections 522,800.00 $22;800.00 36" CMP Culvert wl Flared End Sections 510,500.00 $10,500.00 Shallow Utilities Scenic Transformer Pad 57,500.00 57,500,00 Electric/Telephone/Cable Trench and Conduit $5I,336,00 $51,336.00 Electric/Telephone/Cable by Utility Providers 581,840.00 - 0 - 3' Utility Trench for Gas 513,312.50 513,312.50 Gas to be provided by KN Energy 521,300.00 $21,300,00 Miscellaneous RevegetateJLandscape 510,000.00 - 0 - Class 1 Gsound Sign 53,900,00 - 0 - Compliance with NPDES inc. Hay bales/Sed. Fence $2,000,00 52,000.00 Fire Protection Storage Tanks (30,000 gal.) $30,000.00 - 0 - Dry Fire Hydrant & Appurtenances 53,000.00 - 0 - Well 525,000,00 525,000.00 Well Housing and Appurtenances $12,000.00 - 0 - Construction Staking, Testing and Observation 525,000.00 518,000,00 SUBTOTAL $536,622,10 5271,988.50 10% CONTINGENY S53.662.21527.198,85 TOTAL $590,28431 $299,187.35 July 30, 2002 502 tlaln Street ' Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sorais ENGUNEERING • LLC civil consultants ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roaring Fork Preserve, LLC (hereinafter "owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded in Book 1 357 at Page 213 as Reception No. 603997 of the Garfield County records on December 12, 2000, for the improvements of the Roaring Fork Perserve subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part as verified in attached statement from Yancy Nichol, P. R, Sopris Engieering, LLC dated June 17, 2002, that work has been partially completed 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 $236,434.00 for work completed consistent with improvements described in the Subdivision Improvements Agreement, and retaining $353,850.31for the improvements remaining STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) By: Chairman The foregoing instrument was acknowledged before me this day of , 2002, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. Garfield County Clerk June 17, 2002 Mark Bean Garfield County Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Roaring Fork Preserve SE Job No. 21064.01 Revised June 21, 2002 Dear Mark: RECEIVED JUN 2 4 2E2 This letter is written to formally notify the County of the work completed for the Roaring Fork Preserve. On behalf of the owner we request that the letter of credit be reduced to a total amount of $353,850.31. Roaring Fork Preserve's share is $318,100.31 and Mayfly Bend Ranch's share is $35,750.00. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the County. The improvements were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost estimate and work completed schedule. Engineers Cost Estimate Work Completed $590,284.31 -$236,434.00 $353,850.31 If you have any questions or need additional information please give me a call. cc: Larry Lederer David McMorris George Kilby G, LLC 502 Main Street ° Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sornis ENGINEERING • LLC civil consultants 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 1 June 17, 2002 Cost Estimate and Work Completed Schedule SE Job No. 21064.01 Item Grading and Earthwork Mobilization Clearing & Grubbing Excavation & Earthwork Unsuitable Material Replacement 3" Asphalt 6" Class 6 ABC 8" CIass 3 Collected On -Site 6" Class 6 ABC Pedestrian Trail Storm .Drains 15" CMP Culvert w/ Flared End Sections 18" CMP Culvert w/ Flared End Sections 36" CMP Culvert w/ Flared End Sections Shallow Utilities Electric Transformer Pad Electric/Telephone/Cable Trench and Conduit Electric/Telephone/Cable by Utility Providers 3' Utility Trench for Gas Gas to be provided by KN Energy High Country Engineer Cost Estimate Miscellaneous Revegetate/Landscape Class I Ground Sign Compliance with NPDES inc. Hay bales/Sed. Fence Fire Protection Storage Tanks (30,000 gal.) Dry Fire Hydrant & Appurtenances Well Well Housing and Appurtenances Construction Staking, Testing and Observation SUBTOTAL 10% CONTINGENY TOTAL $9,000.00 $27,000.00 $8,000.00 $1,880.00 $83,893.60 $45,000.00 $39,000.00 $2,000.00 $1,360.00 $22,800.00 $10,500.00 $7,500.00 $51,336.00 $81,840.00 $13,312.50 $21,300.00 $10,000.00 $3,900.00 $2,000.00 $30,000.00 $3,000.00 $25,000.00 512,000.00 $25,000.00 5536,622.10 $53.662.21 $590,284.31 Work Completed $8,000.00 $27,000.00 $8,000.00 $1,880.00 -0- -0- $39,000.00 -0- $1,360.00 $22,800.00 $10,500.00 $5,000.00 $28,500.00 -0- $8,400.00 $13,500.00 -0- -0- $1,000.00 -0- -0- $25,000.00 -0- $15.000.00 5214,940.00 $21,494.00 5236,434.00 SOPRIS ENGINEERING • LLC civil consultants JUL.16.2002 1:03PM EHG: 970 963-0965 NO.346 P.2/2 REDUCTION CERTIFICATE TO: ALPINE BANK (Carbondale Branch) Attn: Richard Fuller, Senior Vice President/Manager 0350 Highway 133 Carbondale, CO 81623 Re: Alpine Bank Letter of Credit No. 0650231101 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20, 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 38,149.69 To a new total not exceeding USD 318,100.31 The original Letter of Credit is attached for endorsement. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By; Title: 7/16/02-C Al>4:21V4n\wPdata \Rbedoc-Arfp reducdaa cerrfRcare.wp4 JL4..16.2002 1:03PM EHG: 970 969-0965 N0.346 P.2/2 REDUCTION CERTIFICATE TO: ALPINE BANK (Carbondale Branch) Attn: Richard Fuller, Senior Vice President/Manager 0350 Highway 133 Carbondale, CO 81623 Re: Alpine Bank Letter of Credit No. 0650231101 Gentlemen: The undersigned, a duly authorized official of the Board of County Commissioners of Garfield County, Colorado, hereby certifies that the improvements required by the Roaring Fork Preserve Subdivision Improvements Agreement dated May 20, 2002, have been partially completed and, therefore, the amount of the above -referenced Letter of Credit shall be reduced by: USD 38,149.69 To a new total not exceeding USD 318,100.31 The original Letter of Credit is attached for endorsement. BOARD OF COUNTY COMMISSIONERS ARFIELD CO , 1 , COLORADO ,.Li/ Will By: Title: 7/3.€032,-C: Dato\.7en\wpdarn\Rbedoc-Arfp reduction teflificamwrgi 7-1 7 `b 2, LAW OFFICES ROBERT B. EMERSON, P.C. 86 SOUTH THIRD STREET CARSONDALE COLORADO 81623 (970) 963-3700 ROBERT B. EMERSON February 15, 2002 HAND -DELIVERED Don DeFord Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Re: Roaring Fork Preserve Subdivision Dear Don: FAX (970) 963-0985 Enclosed with this letter is a draft of the Subdivision Improvements Agreement for Roaring Fork Preserve Subdivision, along with the engineering data which shows that the unpaid amount of work for public improvements on this project is $425,420.00. Because the costs are being shared between George Kilby (Mayfly Bend Subdivision) and Roaring Fork Preserve, I would expect that there will be two letters of credit given to the County for the total amount required. In addition, as mentioned in my letter of February 6, 2002, I would anticipate that the letters of credit would be delivered to the County after final approval by the Commissioners but prior to recording the plat. If you have any suggested changes to the Subdivision Improvements Agreement or if the procedures outlined in this letter are not acceptable for some reason, please let me know as soon as possible. Regarding the plat, I would like to meet with you to go through all of the changes that have been made and make sure that the plat, in its final form, is acceptable to the County. I would appreciate it if you would give me a call to set up a meeting at your earliest convenience. By that time, you should have an answer from the Commissioners regarding the issues relating to conveyance of the streets, title insurance, and whether the attorney's certificate is necessary on the plat. I look forward to hearing from you soon. Sincerely, Robert B. Emerson RBE/jc Enclosures cc: Dave McMorris (w/enclosures) Ron Liston (w/enclosures)