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HomeMy WebLinkAbout1.03. Impact FeesT.O. RANCH OFF SITE ROAD IMPACT FEE CALCULATION PER UNIT IMPACT FEE PROVIDED BY MARK BEAN (Impact Fee Worksheet dated January 4, 2002) LOT 1 Single Family Acccessory Dwelling Unit LOT 2 Single Family Acccessory Dwelling Unit LOT 3 Single Family Acccessory Dwelling Unit IMPACT FEE $2,834.08 $2,834.08 $2,834.08 $2,834.08 $2,834.08 $2,834.08 $2,834.08 TO BE PAID AT FINAL PLAT $1,417.04 $1,417.04 $1,417.04 $1,417.04 $1,417.04 $1,417.04 TO BE PAID AT BLDG. PERMIT $1,417.04 $1,417.04 $1,417.04 $1,417.04 $1,417.04 $1,417.04 TOTAL TO BE PAID AT FINAL PLAT $8,502.24 JAN- 4 -20e2 02149P FROM: ©LCGPLANGARC.O 9703043470 AD 1MPAL'I' E fiI �i wOLexZ 4 — ProloorlApplioad Road District ,land Use Dude Prepared TO Row* Sibdlvirioa: Sidgla Fern Y Dw.LNmg Ruse Rood Cot Road Capacity in ADT Road Coat pet ADT ADT per lad Use Use Rood J:npotl Foes per Load Use TAR CREDITS 80% of Auntie R 6t a Property Tax per Land Use Co asty Dimwit Rate Rnad Design Life (Yeas) Present Worth Factor Tt7:9P94 3 P:111 11 1/4/02 56,220,000 16,200 3.95 - 9.53 $3,666.73 576.80 221% 20 16.02 Property Tax Credtt $1,230.71 UNADJUSTED ROAD IMPACT PEE 55,436.02 [Bess Road ]rte Fee - Property Tax Credit] INFLATION ADJUSTMENT Denvet-Boulder CPI Year of Cost mate Deaver-Boulder CPI Year of Impact Are Cade. Malian Factor I CP1 COMecaa4 Year/CPI of Year &Cod Estimate) PRE-CONSTRUCTION INITIATION ADJUSTS, ROAD IMPACT FEE KO`d 138.5 164,4 1.1634 SZ � 9S92 St78 OLe ON Rd ONINENION3 AH.LNIUOO HMIH {Wd 1120 INS Z040 —Ndf T.O. RANCH SCHOOLL IMPACT FEE CALCULATION FORMULA: Unimproved per Acre Market Value of Land X Land Dedication Standard X # of units = Cash in Lieu Note: County requires number of units to include all potential Accessory Dwelling Units. January 16, 2002 Appraisal by High Country Appraisal Associates Value by Sales Comparison Approach $675, 000.00 Value Acres L D S Units $675,000.00 17.58 0.02 6 $38,395.90 0.12 $4,607.51 Cash in Lieu of Land Dedication T O. RANCH- HOLDINGS, L. L. C. „08.01 ;. 1090. MARY ANN HYDE, MANAGER BOX 1657- ASPEN CO 81612 aa+Q c tob e r 1, 2002r"20 Pay to the Order of Garfield County Treasurer ) $ .g ,290 .o0 . -. Five Thousand Two Hundred Ninety and O0 /lO ► r W is VARGOBO KWEST.KA. Lv LLS . ASPFN It.GO ' -- Ids sOLITM M816TREEr ASPEN. a]0 81611 wwnw.weksfam.eam Memo. ,be74 �Z © 10 20000 761.04084840 1 20 &DEM BALCOMB & GREEN, P.C. P. O. DRAWER 790 PH. 970 - 945 -6546 GLENWOOD SPRINGS, CO 81602 Alpine Bank 2200 Grand Ave.• P.O. Ba910000 8 0 01949.2nn H4 • COBIB01 �� (470} 8a5.2dpa . Alpina lafo -Llna (970) 995 -4983 CHECK NO. DATE 5/14/02 a PAY Eight Thousand Five Hundred Two Dollars and 34 /100ths z r TO THE Garfield County Treasurer ORDER OF Re: Road Impact Fees - T.O. Ranch Subdivision 11'000 3 9 4 3 3[0 A-1: L021034071: LO LOO 39433 82- 340/1021 AMOUNT $8,502.34 S.e.my L..wrea included. ma. BALCOMB & G'3 i, P.C. 9 DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK I51N PAYMENT OP ITEMS DESCRIBED PROW. 0 NOT CORRECT RIEfSE NOTIFY 1.I5 PROMPTLY. NO RECEIPT DESIRED, BALCOMB & GREEN, P.C. To: Garfield County Treasurer Date: 5/14/02 Amount:. $8,502.34, Client: 4457 -001 Re: Road Impact Fees for T.O. Ranch Subdivision be Cus2eL 1VE, NAY 1 4 2002 39433 FIRE • EMS • RESCUE memorandum Date: December 14, 2001 To: Mary Ann Hyde From: Jenny Cutright RE: Fire District Impact Fees Enclosed is an agreement that you need to sign and retum to me as soon as possible for your impact fees. Please keep oneny for your records and return the other copy with your check for $ 2502.00 to pay the impact fees. If you have any questions regarding this procedure, please do not hesitate to contact me or Chief Ron Leach at the below phone number. Sincerely, y Cutright Administrative Assistant Carbondale & Rural Fire Protection District a T. 0. RANCH HOLDINGS, L. L. C. 03-01 MARY ANN HYDE, MANAGER BOX 1557 ASPEN, CO 81612 Date / sZ i !-4-9/ 1050 23-7/1020 Pay tothe /�% � L � N order of t ►-f�f � G lif�R.� rlt v�L+t - I s.J t%.2" r' Dollars WELLS PARGO Memo WELLS FARGO BANK WEST, NA. ASPEN 119 SOIJT}4 MILL STREET ASPEN. CO 81611 W.o .com I:10 20000 61:01,0131.8110 211' LOS° .sr pap AGREEMENT This Agreement is made and entered into between Carbondale and Rural Fire Protection District (Fire District) and T.O. Ranch Holdings, LLC(Developer), to become effective 12/11/01, regardless of the actual date of execution by the parties: WHEREAS, on December 8, 1993, the Fire District, approved Resolution No. 93 -7, Series of 1993, providing for collection of a base development impact fee of $200.00 per residential lot, multi- family residential unit, or for each 10,000 square feet of commercial or industrial buildings to be paid by all developers of property subdivided within the district; and WHEREAS, by Resolution No. 94 -2, Series of 1994, the amount of said development impact fee was increased to $235.00 per residential lot, multi- family residential unit, or for each 10,000 square feet of commercial or industrial buildings; and WHEREAS, by Resolution No. 97 -2, Series of 1997, the amount of said development impact fee was increased to $339.00 for each residential lot, multi - family residential unit, or each commercial or industrial building up to 1,900 square feet in size with an additional fee of $339.00 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, by Resolution No. 99 -6, Series of 1999, the amount of said development impact fee was increased to $417.00 for each residential lot, multi - family residential unit, or each commercial or industrial building up to 1,900 square feet in size with an additional fee of $417.00 for each additional 1,900 square feet of size or fraction thereof, or $1,042.50 for each 1,900 square feet of hotel /motel buildings in size with an additional fee of $1,042.50 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, the Developer is seeking subdivision approval for T.O. Ranch from Garfield County, which property is located within the Fire District boundaries and is subject to the terms and conditions of said Resolutions; and WHEREAS, the Fire District has requested that as a condition of approval of such subdivision by the Town of Carbondale that the Developer pay the Fire District a development impact fee of $417.00 for each residential lot, multi - family residential unit, or for each commercial or industrial building up to 1,900 square feet in size with an additional fee of $417.00 for each additional 1,900 square feet of size or fraction thereof, or $1,042.50 for each 1,900 square feet of hotel /motel buildings in size with an additional fee of $1,042.50 for each additional 1,900 square feet of size or fraction thereof on or before the date of recording the final plat of such subdivision or such other date as the Developer and the Fire District may agree to in writing; and WHEREAS, there are 0 single family residential lots, 6 multi- family residential units, or 0 commercial lots or 0 hotel /motel lots that could be created in T.O. Ranch; and WHEREAS, the parties have reached an agreement regarding the amount, time of payment, and other matters agreed to by the parties, and the parties wish to set forth their agreement in writing. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Prior to the recording of the final subdivision plat for T.O. Ranch, Subdivision, the Developer shall pay the Fire District $2,502.00. This sum represents payment of a development impact fee in the amount of $417.00 for each residential lot, multi- family units, or commercial or industrial building up to 1,900 square feet in size with an additional fee of $417.00 for each additional 1,900 square feet of size or fraction thereof or $1,042.50 for each 1,900 square feet of hotel /motel buildings in size with an additional fee of $1,042.50 for each additional 1,900 square feet of size or fraction thereof; and 2. The Developer acknowledges and agrees that the contemplated development in T.O. Ranch, will cause certain fiscal impacts on the Fire District and will create the need for additional Fire District facilities and services. The Developer further acknowledges that this development should share proportionately in the cost of providing these additional facilities and services. The Developer further acknowledges and agrees that the development impact fee to be collected according to the above - referenced resolutions and the terms of this agreement is based on a rational nexus between the impact of this development and the amount of said fees and that said fee is reasonable and necessary to offset the additional costs that will be incurred by the Fire District for capital improvements, facilities, equipment, personnel, and services as a result of this development. Finally, the Developer acknowledges and agrees that the impact fee is lawful and valid and that the terms and conditions of said Resolutions are binding on and enforceable against the Developer. 3. The Developer hereby irrevocably waives and releases and agrees to indemnify the Fire District from any and all claims of any kind that might be asserted against the Fire District arising out of or in connection with the development impact fee, the collection or use thereof by the Fire District, or the terms of this agreement; provided, however, that this waiver shall not preclude the Developer from enforcing the terms of this agreement relating to reimbursement of excess fees as set forth more fully below. 4. Both parties have participated in the negotiation and drafting of this agreement, and it shall therefore be interpreted or construed in favor or against either party by virtue thereof. 5. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. The venue for any litigation arising out of this agreement shall be the District Court of Garfield County, Colorado. In the event of any such litigation, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs incurred by the prevailing party. 6. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. 7. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. • 8. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 10. This agreement shall be executed by the parties in duplicate, each copy of which shall have the same force and effect as an original. 11. Upon execution, this agreement shall be binding upon the parties, their successors and assigns. 3 CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By: - President T.O. Ranch A horized signer) By: (Authorized signer) 4