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Application - Permit
Garfield County I NO. 10134 I Building & Sanitation Department 108tfh Street, Suite #401 Glenwood Springs, Co. 81601 Office-945-8212 Inspection Line-384-5003 . JobAddress Oig3 BedJ3\u(£\J tsh-< b~ NatureofWork Buildin:nnit LD+ ~;;~~r~1$:fJ0-;)__. Use of Building 3/ £ I cdJ ~Q ~ eJ. cJio Owner_ l-i G. y-b e>~t:=, o-Tre.n-\-D Q Contractor ~ D V)~C\ Cen ~ Amount of Permit $ ?09 ( . Cj 6 Date 9 -:;11 -Qk, Clerk O J&~ ' ;;?3~~-1 Q/-27-/93 VJ r GARFIELD C OUNTY BUILDING PERMIT APPLICATIO N 108 8"" Street, Suite 201, Glenwood Springs, CO 81601 P hone : 970-945-8212 I Fax: 970-384-3470 I Inspection Line: 970-384-5003 Permit No : /tJ/3LJ 0 /93 / ~~~~~~~~~~~~~~~~~~~~ ~ cr-~~~~--------------------------~~~~~------------~-----------------------o-R_e_m_o_v_e ______ ~ u S ingle ~ Double ~j ~j k+~~~~~----~~----~----~ ._9 c) ~~~--~~~~--~--~~------~ 00 j BY T~iE~ri! ';~~~UIRED AND MUST BE r"t'-THIS PERM IT BECOMES NU LL AND VOID IF' WORK OR CONSTRUCTION \..)-~ AliTHORIZED IS NOT COMMENCEQ WimLN 180 DAYS. OR, IF CONSTRUCTION OR WORK IS SUSf>ENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK I S COMMENCED. * I HEREBY CERI'IFY THAT I HAVE READ AND EXAMINED THIS APPLI CATION AND KNOW mE SAME TO BE mUE AND CORRECT. ALL PROVISIONS OF LAWS GOVERNING miS TYPE OF WORK WILL BE COMPLETED WITHIN WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT PRESUME TO GIVE AtJI'HORITY TO CANCEL OF ANY OTHER STATE OR Clt)J\IS•rntJO~ OR THE PERFORMANCE ssued: Puo Ma n a : l i on~ I SDS No. & Fee: S0_~ AGREEMENT PERMISSION IS HEREBY GRANTED TO mE APPLICANT AS OWNER, CONTRACTOR AND/OR THE AGENT O F THE CONTRACTOR OR OWNER TO CONSTRUCT THE STRUCTURE AS DETAILED ON PLANS AND SPECIFICATIONS SUBMITTED TO AND REVIEWED BY THE BUILDING DEPARTMENT. IN CONSIDERATION OF THE I SSSUANCE OF THIS PERMIT. TH E SIGNER HEREBY AGREES TO CO MPLY WITH ALL BUILDING CODES AND LAND USE REGULATIONS ADOPTED BY GARF,'IELD COUNTY PURSUANT TO AUTHORITY GIVEN LN 30.28.201 CRS AS AMENDED. THE SIGNER FURrnER AGREES THAT IF THE ABOVE SAID ORDINANCES ARE NOT FULLY COMPILED WITH IN THE LCOATION, ERECTION, CONSTRUC'flON, AND USE O F TilE ABOVE DESCRIBED STRUCTURE, THE PERM IT MAY BE REVOKED BY NOTICE FROM THE COUNTY AND THAT THEN AND m ERE IT SHALL BECOME NULL AND VOID. mE ISSUANCE OF A PERMT BASED UPON PLANS, SPECIFICATIONS AND OTIIER D ATA SHALL NOT PREVENT mE BUILDING OFFICIAL FROM mEREAFTER REQUIRING TilE CORRECTION OF ERRORS IN SAID PLANS, SPECIFICATIONS AND OTHER D ATA OR FROM PREVENTING BUILDING OPERATION BEING CARRIED ON THEREUNDER WHEN IN VIOLATION OF THS CODE OR ANY OTIIER ORDINAN CE OR REGULATION OF TillS JURISDICTION. THE REVIEW OF SUBMITTED PLANS AND SPE CIFICATIONS AND INSPECTIONS CONDUCTED THEREAFTER DOES NOT CONSTITliTE AN A CCEPTANCE OF ANY RESPONSI BILITIES OR LIABLITIES BY GARFIELD COUNTY FOR ERRORS, OMISSIONS OR DISCREPENCI ES. TilE RESPONSI BILITY FOR Til ESE ITEMS AND IMPLEMENTATION DURING CONSTRUC'nON RESTS SPECI FICIALLY WITII T HE ARTICTECT. DESIGNER, BUILDER, AND OWNER. COMMENTS ARE INTENDED TO B E CONSERVATIVE AND IN SUPPORT OF THE OWNERS LNTEREST . ¥?: Garfom.003 , b. I HEREBY ACKNOWLEDGE THAT I HAVEr AND UNDERSTAND mE AGREE MENT ABOVE (INITIAL): __ _1___!1,-L----- Z\"~{\ ~~ c,i P~~~~b ,C\ "VJ1J 142:/) . .;:f( \ o" \ ""o'-Q o'--' <0° ~ <J\~"~· >-'tfr'\o~-· ~\9-,cfJ") -p~;::.J-t-e~ \ L-4> \~.)·{)~;:(~ \ ><~\\1-\"\G\\\·e-\\* ID---~~ 6~ ~ . \D\5 The following items are required by Garfield County for a final inspection: 1. A final Electrical Inspection from the Colorado State Electrical In spect or; 2. Permanent address assigned by Garfield County Building Dep artment posted where readily visible from access road; 3. A finished roof, a lockable hou se, complete exterior si ding, exterior doors and windows installed, a complete kitchen with cabinets, a sink with hot & cold running water, non-absorbent kitchen floor coverings, counter tops and finished walls, ready for s tove and refrigerator, all necessary plumbing ; 4. All bathro oms must be complete, with washbowl, tub or s hower, toilet stoo l, hot and cold running water, non-absorbent fl oors and walls finished a nd a privacy door; 5. All steps outside or inside over three (3) steps must have handrai ls , guard rails on balconies or decks over 30" high constructed to all IBC and IRC requirements; 6. Outside grading done to where water will det our away from the building; 7. Exception s to the outside ste p s, decks and grading may be made upon the demon stration of extenuating circumstances, i.e. weather, but a Certificate of Occupancy will not be iss ued un til all the required items are completed and a final inspection made; 8. A final inspection s ign off by the Garfield County Road & Bridge Department for driveway in sta llation , where applicable; as well as any final sign off by the Fire District, and/or State Agencies where ap plicabl e. A CERTIFICATE OF OCCUPANCY WILL NOT BE ISSUED UNTIL ALL THE ABOVE ITEMS HAVE BEEN COMPLETED. ****C ANNOT OCCUPY OR USE DWELLING UNTIL A CERTIFICATE OF OCCUPANCY (C.O.) IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use ary4 the issuance of a Certificate of Occupancy for the dwelling under building permit # LP/3'::1... ~· ;/~ ?l-10-oh Signature Date Bpapplicationfeb2006 VALUATION/FEE DETERMINATION Applicant -r YO(\ brt ~ _ Address.'· Date ____ -"o;'M/~/ ><;~t..-o ..... ?a..__ __ _ Subdivision IroJ\ br i cl.J.e .P Ci .D -rP" · ~ Lot/Block r:; J Contractor f-Ir; I I <A.V\~ r- Finished ~ivable ~ea : 11; ra.9/ Mam j L/S 7 1 ;l_J &, 5 X 7L-/IP_~ ._f (p /15 3 2 Upper 7&& Lower Other Basement: Total Square Feet Valuation Unfinished Conversion ofUnfmished to Finished Plan Check Fee for Conversion Valuation Garage : (p ~ Z.. X I lf c>..s2 ~~ ~ / q ftJ ~ · Valuation Crawl Space: Valuation Decks/Patios: 0 .; J), 7 0 Lf 9.sl- Covered / J fp j. 2 Lf -=- Valuation Open Valuation 11 ~ Total Valuation :!/J /1 5, S I 2 GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS For SINGLE FAMILY DWELLING CONSTRUCTION Including NEW CONSTRUCTION ADDITIONS ALTERATIONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a pennit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans th.at are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (1 0) occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Applicants are required to indicate appropriately and to submit the completed checklist at time of application for a permit. Plans to be Included for a Building Permit, must be on drafting paper at least 18"x24" and drawn to scale. .Pl~s must include a floor·plan, a concrete footing and foundation plan, elevations all sides with decks, balcony; steps, hand rails and guard rails, windows and doors, including the finish grade line and original grade. A section showing in detail, from the bottom of the footing to the top of the roof, including re·bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house-rap, (which is required), siding or any approved building material. Engineered foundations may be required. A window schedule. A door schedule. A floor framing plan, a roof framing plan, roof must be designed to withstand a 40 pound per square foot up to 7,000 feet in elevation, a 90 M.P.H. wind speed, wind exposure B or C, and a 36 inch frost depth. All sheets to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. All plans submitted must be incompliance with the 2003 IRC. I. 2. 3. Is a site plan included that identifies the location of the proposed structure or addition and distances to the property lines from each corner of the proposed structure(s) prepared by a licensed surveyor and has the surveyors signature and professional stamp on the drawing? Properties with slopes of 30% or greater must be shown on the site plan. (NOTE Section: 106.2) Any site plan for the placement of ariy portion of a structure within 50 ft. of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyor's signature and professional stamp on the drawing. Any structure to be built within a . building envelope of a lot shown on a recorded subdivision plat shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located with!:.' the e elope. Yes Does site plan also include any other buildings on the property, setback easements and utility easements? Please refer to Section 5.05.03 in the Garfield County Zoning Resolution if the property you are applying for a building permit on is located on a comer lot. Special Yes ~ly D?es th ite plan include w~en applicable the location of the I. S.O.S. (Individual Sewage Dtsposal System) and the dtstances to the property Jines, wells (on subject property and adj~~ ~r~~ies), streams or water courses? Yes~ 2 4. s. Do the include a foundation plan indicating the size, location and spacing of all re~infoin accordance with the IRC or per stamped engineered design? Yes L- Do the indicate the location and size of ventilation openings for under floor crawl 6. space d the clearances required between wood and earth? Yes.4 ,.A-"-'L-.-- 7. indicate the size and location of ventilation openings for the attic, roof joist space d soffits? Yes.-~.~ ...... --- 8. Do the lans include design loads as required by Garfield County for roof snow loads, (a minimum of40 pounds per square foot up to & including 7,000 feet above sea level), floor loads · I ads? 9. 10. 11. 12. 13. Yes'-'::4-.j...lc::::..L.-- uilding section drawing include size and spacing of floor joists, wall studs, ceiling rs or joists or trusses? uilding section drawing or other detail include the method of positiVe connection of ams? Does th levation plan indicate the height of the building or proposed addition from the undisturbed grade to the midpoint between the ridge and eave of a gable or s)led rooforthe lop '!11: _.-(Bulldiog hclsht"""""""' """lly oo< <o """"" 2S """' Yes ~I Does plan iriclude any stove or zero clearance fireplace planned for installation including make and model and Color o ertifications or phase II EPA certification? Yes No.-\:,.<:f!L......j--- 3 14. Does tlie plan include a maso fireplace including a fireplace section indicating design to comply with the IRC? Yes No·~~~~------ 15. Does t e plan include a wind schedule or other verification that egress/rescue windows from e i g ooms and/or asements comply with the requirements of the IRC? Yes No _____ _ 16. !an include a window schedule or other verification that windows provide natural tion for all habitable rooms? No _____ _ 17. Do the ans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as· a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and s 'fy safety glazing for these areas? Yes No. _____ _ 18. Is the lo tion of all natural and liquid petroleum gas furnaces, boilers and water heaters on the plan? No _____ __ 19. nderstand that if you are building on a parcel of land created by the exemption or the subdivision process, are building plans in compliance with all plat notes and/or s No _____ _ 20. Do you derstand that if you belong to a homeowners association, it is your responsibility to obtain written permission from the association, if required by that association, prior to submitting an application for a building permit? The building permit application will not be a ted without it. Yes No ___________ __ 21. be the only residential structure on the parcel? No Ifno-Explain: _______ _ 22. Hav Yes EJ.fomplete sets of construction drawings been submitted with the application? 23. ~ ~ -rta that the minimum dimension a home can be on a lot is 20ft. wide and 20ft. long?, L Yes No ----- 4 24. Have you designed or had this plan designed while considering building and other con~s· o co e requirements? Yes No · 25. · Do you plans comply with all zoning rules and regulations in the County related to your 26. 27. 28. 29. 30. propert' one district? Yes L No _____ _ Does th plan accurately indicate what you intend to construct and what will receive a final ;,.,~ r:r G"fiold Coo"y BWid;•g Dop•rtmffit? Yes No. _____ _ Do you derstand that approval for design and/or construction changes are required prior to "'~f"f th= ohoogo.? Yes No . Do you nderstand that the Building Department will collect a "Plan Review" fee from you at the time of application submittal and that you will be required to pay the "Permit Fee" as well as any "Road Impact" or "Septic System" fees required, at the time you pick up your buil~i e it? Yes No. _____ _ Are yo aware that you must call in for an inspection by 3:30 the business day before the requested inspection in order to receive it the following business day? Inspections will be made from 7:30 a.m. to 3:30p.m. Monday through Friday. Inspections are to be calle to 84-5003. Yes No _____ _ 31. Are yo aware that you are required to call for all inspections required under the IRC including approval on a final inspection prior to receiving a Certificate of Occupancy and occu y of the building? Yes No _____ _ 32. Are y aware that the Permit Application must be signed by the Owner or a written authority being given for an Agent and that the party responsible for the project must comply with th C? Yes No ------ 5 33. Are you aware that prior to submittal of a building permit application you are required to show proof of a driveway access pennit or obtain a statement from the Garfield County Road & Brid e Department stating one is not necessary? You can contact the Road & Bridge Dep nt 625-860 I. Yes No. _____ _ 34. Do you nderstand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perfonn installations and hookups, unless you as the homeowner are perfo 'ng the work? The license number of the person performing the work will be requir tim of applicable inspection. Yes No. ______ _ 35. Are you a . are, that on the front of the Building Permit Application you will need to fill in the ParceVSchedule Number for the Jot you are applying for this permit on prior to submittal of a b I 'n ll 't application? Your attention in this is appreciated. Yes No ____________ _ 36. Do you ow that the local ict may require you to submit plans for their review of fire safety issues? Yes -h'*-''--~---No (please check with the · building department about 37. Do you understand that if you are planning on doing any excavating or grading to the ~t\><""'""' of' bouw,, """'" '"" "'" wUJ bo reqoired " '""" ' """'' pemut .,...\ Yes I acknowle ge that I have read, understand and answered these questions to the b t of y ablll Si Date Phone: 94 ~i> qq I I (days); 0arn -f (evenings) ProJo<•N-~bud~~es-?J!Jt~ ~~-e ProJeCt Address: q s d B I u I s+a c 0 . <61 b a I Notes: If you have answered "No" on any of the questions, you may be required to provide this !n~o~ation at the ~quest of the Building Official prior to beginning the plan review process. Delays ~n ~ssumg th~penrut are to ~e ~xpected .. work may not proceed without the issuance of a permit. If Jt IS .det~muned by the Bu!ldm~ Of~cJ.al that additional infonnation is necessary to review the application and plans to determme ffilmmum compliance with the adopted codes, the application 6 PLAN REVIEW CHECKLIST Applicant -ke-n 71/ n flar bo~A( Date <J-8-o& Building ---!LEngineered Foundation E;x. Driveway Permit orJ --............ 1\-1 ro'-)--~Surveyed Site Plan ? X Septic Permit and Setbacks =-Gradeffopography 30% ~A ttach Re sidenti al Plan Review Li st ~in imum Application Questionnaire ...--subdivi s ion Plat Notes ---'•::::::::Fire D epartment Review ~ aluation Determination/Fees ~ed Line Plans/Stamps/Sticker ___dttach Conditions --LLf\pplication Signed ~an Reviewer To Sign App li cation __LParcel/Schedule No. !1.!!i_ 40# Snow load Letter-Manf. Hm s. V' Soils Re port GENERAL NOTES: Planning/Zoning __ Prop erty Line Setbacks __ 30ft Stream Setbacks __ Flood Plain - __ Building Height __ Zoning Sign-off __ Road Impact Fees __ HONDRC Approval __ Gradeffopography 40 % __ Planning Issues __ S ub divis ion Plat Notes At I RONBRID GrE: GOLF CLUB AND MOUNTAJN COMMUNITY August 2, 2006 Garfield County Building Department I 08 81h Street Glenwood Springs, CO 81601 RE: Approved Plans at Ironbridge Dear County Representative, The following plans have been reviewed and approved by the Architectural Review Board of the Ironbridge Property Owners Association for use on Lot 193: Woodley Architectural Group "Ironbridge-Plan 1202" "Bid Set Redlines" dated May I, 2006 If you have any questions, please call me at (970) 404-1045. :i)/!4 tf~ Ironbridge Property Owners Association Dirk Gosda Representative 410 IRONBRIDGE DRIVE.GLENWOOD SPRINGS.COLORAD0.8J601 T: (970) 947-9800 F: (970) 928-8865 www.lronbridgeclub.com MOUNTAIN COTTAGE FREEDOM PROGRAM CONSTRUCTION CONTRACT _JUNE 30 , 2006_ THIS CONSTRUCTION CONTRACT ("Contract") is made and entered into between IRONBRIDGE MOUNTAIN COTTAGES LLC, a Colorado limited liability company ("Contractor"), whose address is 410 lronbridge Road, Glenwood Springs, Colorado 81601, whose telephone number is (970) 945-4300, and whose facsimile number is (970) 928-8865, and Trenton Harbour ("Owner"), whose address is --"'39"'8"'2"'6'-'2,_,7_,8'-'W_,_a,.yL-"'S,_,.E"'.,'-'E"'n"'u'-'m:.:.c,l,.aw=-, W=A'-'9,8,0,2.:2 ______ , whose telephone number is 623-521-9692 and whose facsimile number is 360-829-5099 __ . This Contract is entered into this _30 1" day of JUNE_, 200_6_ ("Effective Date"). This Contract is entered into in connection with and pursuant to Contractor and Owner's Freedom Program Purchase and Sale Agreement dated __ JUNE 30 , 200_6_. Terms defined in the Freedom Program Purchase and Sales Agreement and used in this Contract shall hold the same definition in this Contract. The construction of the Residence on the Lot, each as defined in the Freedom Program Purchase and Sale Agreement shall be referred to herein as (the "House"). 1. Contactor's Scope of Work. Contractor's scope of work shall consist of construction services for the House as set forth below, which collectively shall be referred to herein as the "Work." 2. Plans a. Contractor has prepared the following drawings, consistent with other homes in the Project, as defined in the Freedom Program Purchase and Sale Agreement, and constructed by Contractor: i. _1202A __ ii. iii. _____ (collectively, the "Plans"). 3. Construction Services a. Contractor shall procure and pay for all permits, licenses, approvals and inspections required for the House. b. Contractor shall provide or cause to be provided all labor, materials, equipment and services to construct the House in a workmanlike manner, consistent with homebuilding industry standards in Garfield County, pursuant to the Plans. Contractor shall not be responsible for furnishing or constructing any improvements or performing any work unless the same are specifically set forth in the Plans or in this Contract. 4. Owner's Responsibilities a. Owner shall cooperate wilh Contractor in securing any permits, licenses, approvals and inspections for the House. b. Upon Contractor's request, Owner shall provide all "Requested Information" to Contractor in a timely manner, and shall be available to meet with Contractor to approve plans and review the progress of the Work. Requested Information shall include, but not necessarily be limited to: i. proof of financing ii. change order requests iii. proof of necessary insurance c. Owner specifically agrees and acknowledges that financing for the House is the sole and exclusive obligation of Owner, and Owner's ability to obtain financing is not a condition precedent to Owner's obligations set forth in this Contract. Owner represents that Owner is qualified to obtain such financing and/or has available funds in the amount necessary to complete the House. Owner agrees to promptly seek and obtain any and all required financing for the House. Owner agrees to provide Contractor with proof, satisfactory to Contractor, that Owner's financing for the House has been finalized, and agrees that Contractor is not obligated to proceed with construction on the House until such proof is delivered to Contractor and the Closing of the Lot Page 1 of 8 has occurred. d. Owner agrees not to let or enter into any other contracts in connection with the House or the Lot without the prior written approval of Contractor. Owner acknowledges and agrees that entering into any contract or permitting any other contractor onto the Lot may impede the Contractor's ability to manage the cost of the House and timely complete performance of the Work as contemplated herein. Violation of this provision, shall, in addition to any other remedies set forth herein, permit Contractor to exercise its termination rights as specified herein. e. Within three (3) days after substantial completion of the Work, Owner shall notify all utility suppliers that Owner is responsible for utility expenses from and after the date of substantial completion. 5. Time a. Without limiting the foregoing, Owner agrees to provide all Requested Information to Contractor to start construction within three (3) months of the date on which the Closing of the Lot occurs. Should Owner delay commencement construction beyond said three (3) months, Owner shall pay Contractor the sum of Five Thousand Dollars ($5,000.00) per month, allocated for fractional portions of months ("Extension Fee"). The parties hereby agree that Contractor's actual damages for such Owner delay cannot be calculated now with certainty, and that Liquidated Damages are a reasonable estimate thereof. b. Provided that Owner has complied with all of its obligations hereunder, including but not limited to timely payment of all sums due to Contractor, and Owner has secured financing for the House and delivered satisfactory proof thereof to Contractor, and Closing of the Lot has occurred, Contractor shall commence construction at the House Site within sixty (60) days after the issuance of a building permit (the "Commencement Date"). c. Substantial Completion of the House shall occur within eight (8) months after the Commencement Date (the "Completion Date"). The Completion Date may be extended on account of: i. labor disputes; ii. fire or other damage to the House; iii. material or labor shortages; iv. transportation delays; v. governmental action; vi. unusual weather conditions; vii. change orders or delays caused by Owner; viii. the failure of Owner to provide information and/or approvals in a timely manner; or ix. any other causes which are beyond Contractor's control or which may otherwise justify the delay; and x. Force Majeure events. d. Without limiting the foregoing, Owner agrees to provide all required information to Contractor to substantially complete construction by the Completion Date. Should either party delay Substantial Completion of the House beyond the Completion Date, the delaying party shall pay the other party the sum of Five Thousand Dollars ($5,000.00) per month, allocated for fractional portions of months as an Extension Fee. The parties hereby agree that actual damages for such delays cannot be calculated now with certainty, and that these Liquidated Damages are a reasonable estimate thereof. 6. Ownership of Plans. Owner agrees and acknowledges that the Plans, and any amendments or revisions thereto, are and shall remain the sole and exclusive property of Contractor, and Owner agrees not to sell, transfer, assign, use, copy or share the same with any person or entity without the prior and express written consent of Contractor, which may be withheld in Contractor's sole discretion. 7. Contract Price. a. Owner shall pay Contractor the sum of_ Two hundred seventy four thousand, nine hundred forty Dollars ($ 274,940 .00) ("Contract Price") for performance of the Work, which amount shall be paid in accordance with the payment provisions set forth in this Contract. b. Owner acknowledges that upon the execution of any change orders during the course of construction, the Contract Price may increase, and in such event Owner shall pay to Contractor such increase upon execution of the change order, and prior to Contractor's performance of any work in connection with the change order. 8. Payment Procedure. Page 2 of 8 a. Owner shall make, or cause Owner's lender to make, progress payments for the Work in accordance with the schedule attached hereto as Exhibit A ("Draw Schedule") or at any intermediate point based on the percentage of completion of work at that time identified by inspection. Progress payments shall be delivered to Contractor within five (5) days after Owner's receipt of Contractor's request for payment, which requests for payment shall include appropriate lien waivers from all parties who provided labor and/or materials applicable to the previous request for payment. b. In the event that at any time the amount of Owner's loan available for distribution is less than the amount of the Contract Price remaining to be paid, Owner shall deposit the difference into a construction control account and execute a customary construction control agreement with respect to the holding and distribution of said sum prior to Contractor's obligation to commence or continue construction at the House Site. Owner shall be responsible for the payment of any fees in connection with the construction control. c. Within ten (1 0) days after substantial completion of the Work, Owner shall pay all remaining amounts due under this Contract. d. All monies not paid when due as provided herein shall bear interest at the rate of eighteen percent (18%) per annum. e. In the event any installment is not paid when due, Contractor may exercise any remedy set forth in this Contract or exercise any other legal and/or equitable rights which may be necessary or appropriate to enforce this Contract. 9. Changes in the Work a. Buyer understands, acknowledges and agrees that the Contract Price includes only the items set forth in the document attached hereto as Exhibit B ("Features List"). These are referred to herein as ("Standard Selections"). b. Additions, upgrades, and/or optional items which are made available to Owner shall be selected, contracted and paid for in a separate contract with Contractor or by Change Order. c. Contractor may offer pre-designed and priced options for each Residence to Owner. i. Options which change the architectural design of the Residence, such as an additional garage bay, are referred to as architectural options ("Architectural Options"). ii. Options which change the materials and colors of the Residence, such as carpet type and/or color, are referred to as design options ("Design Options"). iii. Together these are often referred to as ("Options'). d. Changes to the Work that are not a pre-designed and priced Architectural Option or Design Options are referred to as change orders ("Change Orders"). i. All change orders shall specify the follqwing: 1. the change in the Work, 2. the adjustment to the Contract Price, if applicable, and 3. the adjustment to the Completion Date, if applicable. e. Changes in the Work can only occur by purchasing an Architectural Option, purchasing a Design Option or by written Change Order prepared and approved by Contractor. f. Options will be offered to the Owner, provided the following conditions have been adhered to: i. Options must be selected in a timely manner. Each Option is assigned one of three dates which are referred to as design selection 1 ("DS1"), design selection 2 ("DS2") and design selection 3 ("DS3"). DS1 is six weeks prior to the start of construction, DS2 is prior to the start of construction and DS3 is 45 days after the start of construction. ii. Should Owner fail to select Options on or before the applicable design selection date, Seller shall have the right to either install the standard selection or deny the Option. iii. Architectural Options shall be selected concurrently with the execution of this Agreement, and the cost of each Architectural Option shall be added to and included in the Purchase Price. iv. Design Options shall be selected subsequent to the execution of this Agreement. Payment in the amount of 100% of the price of each Design Option shall be due when each Design Option is ordered. g. ALL PAYMENTS FOR DESIGN OPTIONS ARE NON-REFUNDABLE TO OWNER h. All Option purchases and change orders shall be executed by both the Owner and the Contractor and paid for by Owner, prior to the commencement of the work set forth therein. i. In the event that any increase in the cost of construction arises because of a change in applicable governmental regulations taking effect after the date of this Contract, such revision or condition shall be the basis for a change order and Contractor shall receive appropriate compensation for making such change. Page 3 of 8 10. Possession and Use of the Lot. Upon the Closing of the Lot, Owner is deemed to have conveyed to Contractor an absolute and exclusive right to possess and use the Lot. Owner shall not enter the Lot unless accompanied by an authorized representative of Contractor. Owner shall not instruct, direct or otherwise contact Contractor's laborers, subcontractors or consultants. Contractor shall permit access to the Lot by inspectors of Owner's lender. Contractor shall return possession of the Lot to Owner at the time that all payments and obligations required of the Owner have been fully paid and performed by the Owner. If possession of the House and Lot is taken by the Owner before Owner's obligations set forth in this Contract are fully performed and without the prior written consent of Contractor, Owner shall be deemed to have accepted the Work as complete and satisfactory, in compliance of all of Contractor's obligations hereunder. 11. Walk Through. a. Upon notice from Contractor to Owner, Owner and Contractor shall schedule a walk-through of Owner's home and shall compile a list of any items which are materially not in accordance with approved plans and specifications, or do not materially conform to Garfield County standards. Contractor shall repair, replace or otherwise remedy the items within a reasonable time after Substantial Completion. b. Notwithstanding the fact that additional work may be required to correct the items, if the House has reached Substantial Completion, then no funds shall be withheld from Contractor for these items. c. After Substantial Completion, the Limited Seller's Warranty included in the Freedom Program Purchase and Sale Agreement shall apply. 12. No Assignment. This Contract shall not be assigned by Owner or Contractor to any other party except after the prior written consent of Owner or Contractor, which consent may be reserved in Owner's or Contractor's sole discretion. If Owner or Contractor assigns any of Owner's or Contractor's rights under this Contract to any other party in violation of this provision, said assignment shall be void and of no effect, and Owner shall be in default hereunder. Notwithstanding the foregoing, Contractor consents to a collateral assignment of this Contract to Owner's lender pursuant to Owner's agreement with its lender. 13. Insurance. a. Owner shall procure and maintain during the term of this Contract the following policies of insurance: i. Course of Construction insurance in the amount of the Contract Price; ii. Homeowner's insurance, and a fire and extended risk insurance policy, covering the House and Lot, in an amount not less than the Purchase Price, together with insurance covering loss or damage to Owner's personal property, and Owner's personal liability for injuries which may be sustained within the Property; and iii. Comprehensive General Liability insurance in the amount of $1,000,000. b. Contractor shall maintain during the term of this Contract: i. Workers compensation insurance, as required by law. 14. Termination of the Contract upon Termination of the Freedom Plan Purchase and Sale Agreement. This Contract shall be deemed terminated upon the termination of the Freedom Plan Purchase and Sale Agreement for any reason. In such event, unless the cause of such termination is the default of Contractor as seller under the Freedom Plan Purchase and Sale Agreement, Contractor shall be entitled to retain all other amount(s) previously paid to Contractor or otherwise due to Contractor under this Contract. 15. Contractor's Right to Stop Work and Terminate Contract. In addition to all other remedies set forth in this Contract, in the event that any payment is not made in full within five (5) days after such payment is due, or Owner fails to perform any of its duties under this Contract within ten (10) days after written notice from Contractor, Contractor may stop the Work until payment is made or Owner fulfills its duties. Should the Work be stopped for a period of fifteen (15) days or more upon Owner's failure to make a progress payment or as a result of any other act, omission or neglect of the Owner, then Contractor may, upon providing written notice to Owner, terminate this Contract. Upon such termination, the Contractor may recover from the Owner payment for all work completed and for any loss sustained by the Contractor for materials, equipment, tools, or machinery to the extent of actual loss thereon, plus an amount equal to the Contractor's anticipated profit under this Contract, plus interest on the foregoing amounts at the rate of eighteen percent (18%) per annum. Page 4 of 8 16. Alternative Dispute Resolution. Owner and Contractor agree to be bound by the alternative dispute resolution procedures set forth in the Declaration. Any and all claims, disputes and controversies arising between Owner and Contractor, whether before or after Closing, relating to this Contract or its subject matter, including, but not limited to, any alleged construction defect, shall be submitted to final and binding arbitration. 17. Notices. All notices required by this Contract shall be in writing and shall be given by any of the following means to the below listed addresses or fax numbers: a. certified or registered maif, postage prepaid, return receipt requested, in which case notice shall be deemed delivered three (3) business days after the postmark date; b. recognized commercial overnight courier, in which case notice shall be deemed delivered one (1) business day after receipt for delivery by the courier; c. telecopy transmittal ("fax"), in which case notice shall be deemed delivered upon fax confirmation of transmission to the intended party; or d. personal delivery, in which case the notice shall be effective when received. e. Notice shall be given to Contractor to: 410 lronbridge Dr. Glenwood Springs, CO 81601 f. Notice shall be given to Owner to: _Trenton Harbour _39826 278 Way SE __ _ Enumclaw, WA 98022_ g. Notice of change of address shall be delivered by written notice in the manner described in this section. Rejection or other refusal to accept a notice or the inability to deliver a notice because of changed address of which no notice was given shall be deemed to constitute receipt of the notice sent. 18. Contractor's Limited Warranty. Contractor shall provide a one-year limited warranty on the house as provided for in the Freedom Program Purchase and Sales Agreement. 19. Contractor's Disclaimers. Contractor makes no representation or warranty, and shall in no event be responsible for the following: a. Hazardous materials (as defined by applicable law) in the House or on the Lot; b. Homeowner's association assessments and/or property taxes applicable to the Lot; c. Owner's financing of the Work; d. Any work or materials not supplied or installed by Contractor pursuant to this Contract; or e. All of the matters described in the disclosures and disclaimers set forth in the Freedom Plan Purchase and Sale Agreement, which disclosures and disclaimers are fully incorporated herein by this reference. 20. General Provisions. a. This Contract shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any action concerning this Contract shall be in Garfield County, Colorado. b. In the event of any litigation or other proceedings between the parties concerning this Contract, the prevailing party shall be entitled to the payment by the nonprevailing party of all of its reasonable attorneys' fees, court costs, and litigation expenses. c. This Contract constitutes the entire agreement between the parties and any prior understandings, agreements or representations of any kind whatsoever preceding the date of this Contract shall not be binding upon either party except to the extent that they are specifically incorporated into this Contract. d. This Contract shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, representatives, successors and permitted assignees. This Contract is intended for the exclusive benefit of Owner and Contractor and is not intended and shall not be interpreted as conferring any benefit on any third party. e. This Contract and any amendments to this Contract may be executed in any number of counterparts, each of which shall be deemed an original and all taken together shall constitute one and the same agreement. Fax copies of this Contract and any amendments to this Contract and fax signatures thereon shall have the same force, effect, and legal status of originals. Page 5 of 8 f. If any provision of this Contract is or shall become invalid or unenforceable, the remaining provisions of this Contract shall not be affected. g. Time is of the essence in each and every term and provision of this Contract. All references to days herein shall be deemed to refer to calendar days unless otherwise specified. In the event that the final date for performance of any act required by this Conlract falls on a Saturday, Sunday, or legal holiday, such act may be performed on the next day which is not a Saturday, Sunday, or legal holiday. h. The waiver of a breach of any provision in this Contract shall not be construed as a waiver of any other breach of the same or other provision of this Contract, including the time of performance of any provision. i. Owner understands that this Contract is a legally binding contract. Owner represents and warrants that Owner has read the terms and conditions of this Contract, and has had a full and fair opportunity to consult with legal counsel of owner's own choosing concerning this Contract. EXECUTED to be effective as of the date of the date first written above. CONTRACTOR; OWNER: IRONBRIDGE MOUNTAIN Con: S LLC, Page 6 of a COUNTY OF GARFIELD -BUILDING PERMIT CORRECTION NOTICE 108 8th St., Suite 401 Glenwood Springs, Colorado Phone (970) 945-8212 Job located at 0193 iifk,(~ Permit No. _.t'-'Q..,.I,_,s.._._f _____________ _ I have this day inspected th>; structure and these premises and found the following corrections needed: ~~~~~~ ~~~4~ d~1f~/ You are hereby notified that the above correction must be inspected before covering. When corrections have been made, call for inspection at 970·384·5003. Date k2 <:2?0-0'6 20if?"'""""~~~---'- Building Inspector ~~&~ Phone (970) 945·8212 No .. -. !DJ3Lf Assessor's Parcel Nod3~ / d( · 27 · I q..,3 9-6>9-c:lo BUILDING Job Address U OwnerTvr abc ( ~cjbT WUf 1t'ef g; Contractor~ m.So • -Address __________ _ Setbpcks; ;=ro 1 ntli: ~. R ar RH _____ LH _____ Zoning ____ _ 5/rU.::O) ~-. , LGJ. INSPECTIONS Soils Test------+====-Weatherproofing ___________ _ Footing--------------Mechanical ______________ _ Foundation,____________ Electrical Rough (State)---------- Grout ---------,--:-~-:-:;;o-:= ?-17-o? Elec;, :cal Final (State)l---------7--<- Underground Plumbing lo-,;lel-r:J6 ~ -;m-final /Checklist Completed?_!::.,./ __ Rough Plumbing "'i-5-o? 7?"??-Certificate Occupancy# ~:56~~"":\-:r:_:=l-I_ ____ _ Framing J.t-ll~-o' f1??12-Date ].-G· 01- lnsulation 'l'd6·o71l1m">' Septic System #__jtJwi.J(~--------- Roofing --;:;:-:----,=-c--=--------Date _.- Drywall I) c '--"'?~ Finai---==---------- Gas Piping '/-.?-o7~ IXTERIOR Address No. 1/ r Drainage 1 / • Decks-support & clearance to wood -:-7--' Decks-Blairs & ralls ---'-?"''------- Exterior locks ---=-----;---- Flashing around doors & wln~--'-'----- lnsect screens-,.-, __ _:. _______ _ INTERIOR z J GARAGE \ Fire wall separation -----Service doors-Hi( min. Door (20 min.) w/auto ctoser-1 w· min. _Z"7-~-- Mech. equip. 18" above lloor ~ ,.......-- No opening Into sleeping area __ ~/~--- BASEMENT·CRA L AREA Access -----\--,L--------- tnsulation ---'7'><.-------- Headroom/Stai'[;":r<''---A_.--------- Ventilation ------"-- Other--------------- NOTES FINAL CHECI\LIST MECHANICAL ROOM Boiler ___________ _ Hot water f.A. gas/Oil-'..;.l:>~------ floor draint---,--------- Ciearance•--"'~~----- Air con. system•-~------ Hot water healer -"'~----- Combustion air_=~----- Gas piping. valves_""'------- LPG Drain ~------,---- REMARKS (continue on back) STAIRWAYS Headroom (6'6") _ _._/'-~----- Railing & guardr7aus --~------ Widlh•---L---;/-------- Rise & run----""'-------- KITCHEN Clearance above grlll_--'t../4·~---- Exhaust fan ____ _./~--------·-Broiler exhaust (1 hr. chase) .£•-='---- BEDROOMS ~ Egress 1 Smoke detector ----t.</'----- =~:~.~~~-M-s_....Jii.</~+/ ·----- Shatterproof glass __ :'l:21L'---~-- OTHER .INSPECTION WILL NOT BE MADE UNLESS THIS CARC iS POSTED ON THE JOB 24 IIOURS NOTICE REQUIHED FOR INSPECTIONS BUILDING PERMIT GARFIELD COUNTY, COLORADO Date Issued9.::"2J::Q.~ .. Zoned Area ............................... Pennit No .... ..f.Q.J.?f./ ........... . AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the wning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not complied with in the zoning, location, erection and construction of the above desct·ibed the it may then be revol<ed by notice from the County Building Y BECOME NULL AND VOID. Setbacks Fl'ont Side Sjde Rear This Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection. INSPECTION RECORD Foundation ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERJNG- WHETHER INTERIOR OR EXTERJOR, UNDERGROUND OR ABOVE GROUND. THIS PERMIT IS NOT TRANSFERABLE For Inspections Call384-5003 108 8th Street Glenwood Spl'ings, Cohn·ado APPROVEDno NOT DESTROY THIS CARD Date9·~·0'-eyt\\'B~fr13 Lof I q3 IF PLACED OUTSIDE-COVER WITH CLEAR PLASTIC Parcel Detail Page I of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessot:/Ire<JsureiPmpertySean;h I Assessor StJbset Q11ery I AssessorS<J]es Se.arc:b Clt:rk. .. & RecorderR~c:cptigp Sean;h 13.<tsic13uilc!ing .. Chamcteristic:s I IaKJt1[ormf!tion Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs I Tax Area II Account Number I 090 II R043365 II Parcel Number II Mill Levy I II 239512127193 II 67.224 I Owner Name and Mailing Address \HARBOUR, TRENTON I \39826 278 WAY SE I \ENUMCLAW, WA 98022 I Legal Description \SECT,TWN,RNG: 12-7-89 SUB:IRONBRIDGE lPUD, PHASE II, FILING I, 2 & 3 \LOT: 193 PRE:R041489 BK:!596 PG:871 IBK: 1565 PG:600 BK:l560 PG:438 IBK:l560 PG:431 BK:l057 PG:0745 lBK:l028 PG:768 BK:l028 PG:597 lBK:1006 PG:743 BK:1861 PG:610 \RECPT:7!0726BK:l861 PG:609 lRECPT:710725 BK:l822 PG:287 \RECPT:702424 BK:1822 PG:283 lRECPT:702422 BK:1822 PG:250 lRECPT:702421 BK:l782 PG:269 \RECPT:694479 BK:1782 PG:264 lRECPT:694478 BK:l747 PG:l lRECPT:686745 BK:l218 PG:738 lRECPT:572583 BK:l218 PG:715 http://www .garcoact.com/assessor/parcel.asp?Parce!Number=239512127193 7/23/2007 Parcel Detail Page 2 of 3 jRECPT:572582 BK:l217 PG:266 I jRECPT:572131 BK:1206 PG:852 I IRECPT:569200 BK:1206 PG:780 IRECPT:569199 BK:1206 PG:768 IRECPT:569197 BK:l206 PG:734 IRECPT:569195 BK:1206 PG:662 IRECPT:569194 BK:1206 PG:637 IRECPT:569192 BK:1206 PG:629 IRECPT:569191 BK:1206 PG:574 IRECPT:569190 BK:1063 PG:0578 IBK:1063 PG:0571 Location Physical 1193 RED BLUFF VISTA GLENWOOD SPRINGS! Address: I Subdivision: IIIRONBRIDGE PUD, PHASE II, FILING 1, 2 & I I Land Acres: l!o I Land Sq Ft: 1110,231 I I Section II Township II Range I I 12 II 7 II 89 I Property Tax Valuation Information II Actual Value II Assessed Value I I Land: II 85,8ooll 24,8801 I Improvements: II oil ol I Total: II 85,8ooll 24,8801 Sale Date: 1110/30/2006 Sale Price: 11134,100 Basic Building Characteristics Number of Residential !o I Buildings: Number of Comm!Ind jo I Buildings: No Building Records Found http://www .garcoact.com/assessor/parceLasp ?Parce!Number=239512127193 7/23/2007 . Parcel Detail Tax Information I Tax Year II Transaction Type II Amount I I 2006 I Interest Payment II ($6.04)1 I 2006 Interest Charge II $6.osl I 2006 Tax Payment: Whole II ($201.68)1 I 2006 Tax Amount II $201.681 Top of Page AsseswrDat<JhaseSem:cbQptions I Treasurer Database Sean;.b Options Clerk_&.RecQl:deLDat<lhaseSG<!rcbOptions Garfield County Home Page Page 3 of 3 The Garfield County Assessor and Treasurer's Offices make every effm1 to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 -2006 Good Turns Software. All Rights Reserved. Database & Web Design by GoSldTt!rn~ Software. http://www .garcoact.com/assessor/parcel.asp?Parce1Nurnber=239512127193 7/23/2007