HomeMy WebLinkAboutSubdivision Improvements Agreement1 111(11111 111111 11111 ILI I1111111111111111I11011 1111
603360 05/14/2002 04:28P B1354 P684 M RLSDORF
1 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO
Upon recording return to:
Garfield County Dept. of Build and Planning
c/o Mark Bean
109 8th Street
Glenwood Springs, CO 81601
T.O. Ranch Holdings, LLC
cloTim Thulson
P.O. Box 790
Glen wood Springs, CO 81802
SUBDIVISION IMPROVEMENTS AGREEMENT
(T.O. Ranch NM Subdivision)
THIS AGREEMENT is made and entered into this ,f o day of )(46, f , 2002 by
and between T.O. RANCH HOLDINGS, LLC, a Colorado limited 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 the T.O. Ranch Subdivision (hereinafter
"Subdivision "), which real property is more particularly described within the final plat
heretofore recorded in the records of the Clerk and Recorder for Garfield County,
Colorado on 1. .ILA 2L O1as Reception No. L'�•
WHEREAS, Pursuant to County Resolution No2:>1 7g , a copy of which has been
recorded in the records of the Clerk and Recorder for Garfield County, Colorado on
♦cieri /ez in Book / at Page , and Reception No. $?e' �" , the
Sub ivision has received Preliminary Plan subdivision approval (hereinafter
"Preliminary Plan Approval ");
WHEREAS, as a condition of approval of the Final Plat and as required by the laws
of the State of Colorado, Owner wishes to enter into this Subdivision Improvements
Agreement with the County; and
WHEREAS, Owner has agreed to execute and deliver to the County a letter of
credit or other form of security acceptable to the County to secure and guarantee its
performance under 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 hereinbelow.
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, 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
Subdivision Improvements Agreement
T.O. RanchSubdivision
Subdivision .Improve's.Agree.OS2501. wpd
Page 1
MII11IIIID 111111 11111 1111 11111 I101E 111111111111 lII4
802360 05/14/2002 04:28P 81354 P885 M ALSDORF
of 10 R 0.00 D 0.00 GARFIELD COUNTY CO
the Final Plat which are required to be constructed under the Preliminary Plan Approval,
this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations.
Regarding the above, the Owner shall comply with the following:
A. all plat documents, if any, submitted prior to or at the time of the Final Plat
approval, including the terms of the certification for improvements completed prior to
the date hereof, which plat documents are incorporated herein by reference, and made a
part of this agreement;
B. all requirements of the Preliminary Plan Approval, including all
requirements of the Garfield County Zoning Code and Garfield County Subdivision
Regulations, as they relate to the Subdivision;
C. all laws, regulations, orders and resolutions of the County and all
affected special districts;
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:
the internal roads, drainage features and utility structures, as
more particularly described within the following identified plans
prepared by High Country Engineering, Inc. and submitted herewith
as part of the Final Plat, to wit:
T.Q. Ranch Grading, Drainage Utility and Road and Profile (Sheet 3
of 4) and T.O Miscellaneous Details (Sheet 4 of 4)
E. the improvements to be constructed by the Owner as hereinabove
described shall be completed on or before asec3f ..z
The County agrees that if all improvements are installed in accordance with
this agreement, Final Plat documents, and 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
Approval, 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 SUBDIVISION IMPROVEMENTS.
a. Security. On or before the date of the recording of the Final Plat with
the Garfield County Clerk and Recorder, the Owner shall deliver an irrevocable Letter of
Credit in a form acceptable to the County or such other form of security as may be
deemed acceptable to the County in the amount of $ cce).°®° , (hereinafter
Subdivision Improvements Agreement
T.D. RanchSubdivision
Subdivision.lmprove's.Agree• 052501.wpd
Page 2
110111111111111111111111111111111110111111 )111111 .1111
603380 05/14/2002 04:28P B1354 P886 M ALSDORF
3 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO
"Improvements Security ") which is the estimated cost for completion of the subdivision
improvements related to the Subdivision as set forth and certified by High Country
Engineering, Inc on Exhibit A attached hereto and incorporated herein by this reference,
less the cost of improvements already completed as of the date of the filing of the Final
Plat as are certified on Exhibit 13 hereto, which amount the County hereby accepts and
approves. If utilized, the Letter of Credit required by this Agreement shall be issued by
a state or national banking institution acceptable to the County. If the institution issuing
the Letter of Credit is not licensed in the State of Colorado and transacting business in
the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of
C.R.S. 4- 5- 106(2) by a bank that is licensed to do business in the State of Colorado, that
is transacting business in the State of Colorado, and that is acceptable to the County.
With the exception of that portion of the Improvements Security to be retained for
revegetation of landscaping improvements in accordance with paragraph 3(c)
hereinbelow, the Improvements Security must be valid for a minimum of six (6) months
beyond the completion date for the improvements set forth herein. If the time for
completion of improvements is extended through the execution of a written amendment
to this Agreement, the time period for the validity of the Improvements Security shall be
similarly extended. Additionally, should the Improvements Security become void or
unenforceable for any reason, including the bankruptcy of the owner or the financial
institution issuing or confirming the Letter 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.
b. Partial Releases of Improvements Security. The County shall release
portions of the Improvements 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 the Improvements Security must be submitted by a
licensed or registered engineer. Such certification authorizing release 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 for a
portion of the Improvements 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
Subdivision Improvements Agreement
T.O. RanchSubdivision
Ssbdivision.Improve's.Agree, 052501. wpd
Page 3
1111111 I1I( 111111 1'II1 11'I 1111411111111111111111111111
5w3360 0.00 2 SDORF
GARFIELD COUNTY CLD
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, then appropriate security shall be released to the Owner
within ten (10) days 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 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 of Credit.
c. Revegetation. The cost of landscaping improvements has been set
forth on Exhibit B, including an amount sufficient to provide for full revegetation of the
landscaping required under the Preliminary Plan Approval. Improvements Security
required hereby must provide security for all costs of landscaping. The Certificate of
Completion for landscaping improvements shall set forth the costs of revegetation and
such amount shall be retainedLas security for a period not to exceed one (1) year after
such completion. At the conclusion of that one (1) year period the amount of security
retained for landscaping shall be released by the County upon receipt and acceptance of
a certified letter from a landscape professional that such landscaping is complete and is
no Longer in need of revegetation and that the revegetation is established.
d. Recording of Final Plat. No Final Plat shall be recorded pursuant to
this Agreement until the Improvements Security described in this Agreement has been
received and approved by the County.
4. ROADS. All roads within the Final Plat shall be dedicated to the public as
public rights -of -way. The homeowners association shall be solely responsible for the
maintenance, repair and upkeep of those roads. The County shall not be obligated to
maintain any roads within the subdivision.
5. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify
and hold the County 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 cause of the
injury asserted.
Subdivision Improvements Agreement
T.O. RanchSubdivision
Subdivision.lmprove .s.Agree.051S01.wpd
Page 4
1 111111 11111 111111 11111 1111 11111 1111111 111 111E1111 1111
603360 00/14/2002 04:28P 81354 P888 M ALSDORF
5 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO
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. SCHOOL IMPACT FEES. The parties recognize and agree that the approval
of the Final Plat constitutes approval of 3 single family lots and equivalent number of
total dwelling units. The parties agree that school impact fees shall be $511.94 per
dwelling unit for a total impact fee of $4,607.51. The Owner specifically agrees that it
is obligated to pay the same at the time of recordation of the Final Plat, herein accepts
that obligation, and waives any claim that it is not so obligated or required to pay school
impact fees. The Owner agrees that subsequent to recording of the Final Plat, the Owner
will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees
paid in conjunction with this Subdivision Improvements Agreement.
7. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to
recording of the Final Plat.
8. 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 also 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 Districts 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 Subdivision until all subdivision improvements and the water distribution systems
have been completed and are operational, as required by this agreement. Finally, the
Owner herein agrees that prior to the conveyance of any lot within this Subdivision, it
will provide to the purchaser of that lot a signed copy of Exhibit C attached hereto,
notifying the owner of the foregoing restrictions upon issuance of building permits and
certificates of occupancy.
9. 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.
10. 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.
Subdivision Improvements Agreement
T.O. RanchSubdivision •
Subdivision.lmprove 's.Agree.05: 5O i. wpd
Page 5
I
503380 R 04:2GP 81354 P889 M SDORF
GARFIELD COUNTY CO
11. 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.
12. 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.
13. 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.
14. 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
T.O. Ranch Holdings, LLC
a Colorado Limited Liability Company
c/o Mary Ann Hyde, Manager
P.O.Box1557
625 South Original Street
Aspen, CO 81612
with copy to:
Timothy A. Thulson
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Subdivision Improvements Agreement
T. 0. RanchSubdivision
Subdivision .lmprove's.Agree.052501. wpd
Page 6
i i 111111 11111 1111 m 1111111 111 11111 1111 1111
603360 05/14/2002.04:28P B13!4 P890 M ALSDORF
7 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO
with copy to:
Timothy A. Thulson
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
ENTERED INTO the day and year first above written.
T.O. Ranch Holdings, LLC
a Colorado Limited Liability Company
By , :f�•
Mary n Hyde, Man ger
BOARD OF COUNTY COMMISSIONERS
OF GAR � ► D COUNTY, COLORADO
Subdivision Improvements Agreement
T.O. RanchSubdivision •
Sub d i vi si on.lmpro ve 's. Agre e. 0 52501. wpd
Page 7
This summary of probable construction cost was prepared for estimating purposes
only. It does not include estimates far: Soils Testing, construction surveying, construction
administration and inspection, or any permitting required by local governments.
High Country Engineering, Inc. cannot be held responsible for variances
from this estimate as actual costs may vary due to bid and market fluctuations.
, fi` $E
t ' a
October 23, 2001
HCE JOB NO: 2000051.01
-
-
fill: kNpmmntIlle520551051 rmtx6
UNIT
ITEM
QUANTITY UNIT COST; COST
Grade ed Ear1'%war
4
Mobilization
1
L.S. I 5,000.00 5,000.00
Earthwork
1
L.S. I 10,000.001 10,000.00
6" Class 6 ABC
_
270 C.Y. 22.00 5,940.00
4 4
6" Class 3 ABC
270 C.Y. 22.004 5,940.00
8" D50 riprap 2' thick
_
75 C.Y. 24.00 1,800.00
1
Storni," ns<
. _. , s.. .
18" ADS N -12 culvert
1 65 L.F. I 26.00; 1,690.00
24" ADS N -12 culvert
I 45 i L.F. 1 28.00 1,260.00
18" ADS flared end section
2 i Each 250.00
500.00
24" ADS flared end section
i 2 l Each i 275.00
550.00
Pipe removal
i 1 L.S. 250.00
W -- . 250.00
Shalld w iTtilitres . by corrtraet r
4' Utility Trench - Electric /Telephone
1 680 i L.F. i 5.00, 3,400.00
Utility Boring
1 40 i L.F. i 130.00' . 5,200.00
4" «Schedule 40 Conduit - Telephone
1 720 i L.F. 1 3.00? 2,160.00
Miscellumeint g
.a ►. '•
Revegetation
i 1 i L.S. € 3,000.00: 3,000.00
Hay Check Dam
2 i Each 75.00; 150.00
Sediment Control Fence
120 j L.F. I 150.00! 18,000.00
Sha11diiiittBSB`�',e=
_;�.._
0.
• ..._.._
Natural Gas line - ESTIMATE
1
L.S.
20,450.00.
20,450.00
Electric Utility - ESTIMATE
_ «
1 1 L.S. 1� 16,000.001 16,000.00
Telephone Utility - ESTIMATE
I L.S. 2,000.00 2,000.00
1ST.1B TOTAL 1 $103,290.00
10% Contingency
I $10,329.00
TOTAL , .3
`
This summary of probable construction cost was prepared for estimating purposes
only. It does not include estimates far: Soils Testing, construction surveying, construction
administration and inspection, or any permitting required by local governments.
High Country Engineering, Inc. cannot be held responsible for variances
from this estimate as actual costs may vary due to bid and market fluctuations.
February 20, 2002
Garfield County Planning
109 8th Street, 3rd Floor
Glenwood Springs, CO 81601
Attn: Mark Bean
1 i 11111 111111 iiiii i 11111 1111111 111 11111 1111 1111
603360 06/14/2002 04:28P B1354 P892 M ALSDORF
9 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO
RE: T.O. Ranch Subdivision
HCE Project No. 2000051.01
Gentlemen:
Exhibit B
Based on periodic observations of the construction completed for the above referenced project, the road, earthwork
and utility improvements shown on the Preliminary Plans approved by Garfield County have been completed in
compliance with the Subdivision's Improvement Agreement, preliminary plans, construction documents, and Garfield
County Regulations, except as noted below.
The one exception is the placing of an asphalt driveway apron (required by the County Road and bridge staff) that
would extend from the existing edge of pavement of County Road 100 to the edge of the right -of -way of the newly
constructed road. This item shall be completed by the end of April 2002. The delay in construction is due to a winter
shutdown of asphalt plants that are not expected to reopen until April of 2002. The estimated quantity of asphalt for
the apron is 155 square yards. The contractor, Tamerrel Excavation, Inc., is not able to give an estimate at this time
because asphalt prices are not available. Based on experience, at a cost of $12 per square yard, the apron would cost
approximately $660 plus an additional $500 for mobilization bringing the total cost up to $1160 for the additional
work.
This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract
or other means, including commonly accepted industry practices. On the owner's behalf, we are requesting that the
collateral requirement for . approval fo the final plat for road, earthwork and utility improvements be waived by the
county.
Please contact me if you have any questions or need additional information.
Sincerely,
HIGH ! NTRY ENGIN y +. NG, IN
Roger r Neal, P.
Principal
RDN
cc: Mary Anne Hyde, T.O. Ranch Holdings
Ron Liston, Land Design Partnership
1517 Blake Avenue, Ste. 101
Glenwood Springs, CO 81601
phone 970 945 -8676 • fax 970 945 -2555
14 Inverness Drive East, Ste. D -136
. Englewood, CO 80112 0501 8
Phone 303 925 -0544 • far 301 47 s -A i47
ni.nit.. 071) Q 41)- nnarri = l._.-%►7A- DCo
1 111111 hill 11111 full 111 1111 1111111111 Ills
603360 05/14/2002 04:28P 81354 P893 M ALSOORF
10 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO
NOTICE REGARDING BUILDING PERMITS
TO: All purchasers of Homesites within the T.O. Ranch Subdivision,
YOU ARE HEREBY NOTIFIED, that under applicable Garfield County regulation you
may not commence construction of a residence within unincorporated Garfield County, including
the T.O. Ranch Subdivision ( "Property "), prior to issuance of a building permit by Garfield
County and no residence may be occupied prior to the issuance of a certificate of occupancy by
Garfield County. Under the terms of the Subdivision Improvements Agreement between the
Board of County Commissioners for Garfield County, Colorado and T.O Ranch Holdings, LLC
and the subdivision approvals issued for the T.O. Ranch Subdivision, Garfield County will not
issue building permits for the Property unless it can be demonstrated to the satisfaction of the
Carbondale & Rural Fire Protection District that there is adequate water available to the
construction site for the Fire District's purposes and all applicable Fire District fees have been
paid to the District. Furthermore, no certificate of occupancy for any residences contained within
the Property will be issued by Garfield County unless it can be demonstrated to the satisfaction
of the Garfield County Department of Building and PIanning that all subdivision improvements
have been completed and are operational in accordance with the Subdivision Improvements
Agreement.
T.O. RANCH HOLDINGS, LLC
a Colorado Limited Liability Company
By
Mary Ann Hyde, Manager
The foregoing was read and understood by the undersigned Purchaser of a Homesite
within. the Property.
By
Homeowner
Building Permit Declaration
16- Oct -DO