HomeMy WebLinkAbout3.0 Subdivision Improvements Agreements4s).i l-49136i B-973 P-s4B 04/LL/96 09:45A PG
II1ILDRED AISDORF GARFIELD CCIJNTY CI-ERK
1 0F12
AND RECORDER
REC
61.00
DOC I.OT
SUBDIVISION IMPROYEMENTS AGREEMBNT
MOT]NTAIN MEADOWS AT PRINCE CREEK ST]BDIYISION
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THIS AGREEMENT is made and entered into this 6' day of ]4#, 1996, by and
between the Anneliese K. Allen (hereinafter referred to as "Owner/Subdivider") and the Board
of County Commissioners of Garfield County, Colorado (hereinafter referred to as
"County").
WITNESSETH:
WHERIIAS, Owner/Subdivider is the owner and developer of certain real property
located within Garfield County, Colorado, to be known as the Mountain Meadows at Prince
Creek Subdivision; and
WHEREAS, the Preliminary Plan for the Mountain Meadows at Prince Creek
Subdivision was approved pursuant to Resolution 95-078; and
WHEREAS, Owner/Subdivider has submitted to the County for its approval the Final
Plat for Mountain Meadows at Prince Creek Subdivision ( the "Final Plat") more particularly
described in said Final Plat and on Exhibit A attached hereto, both of which are incorporated
herein by 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/Subdivider wishes to enter into this Subdivision Improvements
Agreement with the County; and
WIIEREAS, Owner/Subdivider has agreed to execute and deliver a letter of credit to the
County to secure and guarantee the performance of this agreement by Owner/Subdivider, and
has agreed to certain restrictions and conditions regarding the issuance of building permits and
certificates of occupancy, 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 for Mountain Meadows at Prince Creek Subdivision (the "Subdivision"), subject to the
terms and conditions of this agreement, as well as the terms and conditions of the Preliminary
Plan approval, Resolution No. 95-078, and the requirements of the Garfield County Zoning and
Subdivision Regulations.
2. OWNER/SUBD[VIDER'S PERFORMANCE. Owner/Subdivider has
constructed and installed or shall cause to be constructed and installed, at Owner/Subdivider's
own expense, those improvements set forth in Exhibit B attached hereto, and made a part hereof.
Those improvements shall be completed on or before September L, L997. Additionally, the
Owner/Subdivider agrees that those improvements shall be constructed in compliance with the
following:
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491367 8-973 P-549 O4/LL/96 09:45A PG 2 OF 12
A. all plat documents submitted prior to or at the time of the Final
Plat approval;
B. all requirements of Resolution No. 95-078, including all
requirements of the Garfield County Zoning Code and Garfield County
Subdivision Regulations ;
C. all laws, regulations, orders and resolutions of the County of
Garfield, State of Colorado, the United States, and any of the various agencies
having jurisdiction, affected special districts and municipalities providing utility
services; and
D. all designs, maps, specifications, sketches, and other materials
submitted to and approved by any of the above-stated governmental entities.
The County agrees that if all improvements are installed in accordance with this
agreement, the Final Plat documents, the requirements of the Garfield County Zoning Code, all
other requirements of this agreement and the requirements of the Preliminary Plan, then the
Owner/Subdivider shall be deemed to have satisfied all terms and conditions of the Zoning and
Subdivision Regulations of Garfield County, Colorado.
3. SECTJRITY FOR IMPROVEMENTS.
A. LETTER OF CREDIT. On or before the date of the recording of the
Final Plat with the Clerk & Recorder, the Owner/Subdivider shall deliver a letter of credit in
a form which is acceptable to the County, in the amount of $159,610.00 which is the estimated
costs of the completion of all subdivision improvements related to the Subdivision, as set forth
and certified by a licensed professional engineer in Exhibit C attached hereto, less the cost of
improvements already completed in conformance with relevant requirements, and as certified
in Exhibit C attached hereto. The letter of credit required by this agreement shall be in the full
amount of the uncompleted improvements and shall be issued by a State or National banking
institution, licensed in the State of Colorado, doing business in the State of Colorado, and in a
form acceptable to the County. With the exception of that portion of the letter of credit to be
retained for revegetation of landscaping improvements in accordance with Section 38 below, the
letter of credit 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 by
written agreement to this agreement, the time period for the validity of the letter of credit shall
be similarly extended. Additionally, should the letter of credit become void or unenforceable
for any reason prior to the County's acceptance of the improvements, the County may cause the
Final Plat to be vacated pursuant to Section 12 below.
B. PARTIAL RELEASE OF LETTER OF CREDIT. The County shall
release portions of the letter of credit, as portions of the improvements required by this
agreement 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
professional engineer. Such certification authorizing release of security shall certify that the
improvements have been constructed in accordance with requirements of this agreement,
491367 8-973 P-5s0 O4/LL/96 09:45A PG 3 oF 12
including all Final Plat documents, and shall be stamped upon as-built drawings by said
professional engineer where applicable. The Owner/Subdivider may request release for the
portion of the security upon proof that:
(1) the Owner/Subdivider has a valid contract with a public utility
company regulated by the Colorado P.U.C. or'a municipality that obligates such
utility company to install certain utility lines and provide service; and
(2) the Owner/Subdivider has paid such utility company or
municipality the cost of installation of such utilities required to be paid by
Owner/Subdivider under such contract.
Upon submission of a certification of completion of improvements by the Owner/Subdivider, 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/Subdivider within fifteen (15) days specifying which improvements
are potentially deficient.
If no letter of potential deficiencies 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, but which are identified as potentially
deficient in the letter of potential deficiencies as provided in this section, 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/Subdivider.
If upon further investigation the County finds that the improvements are acceptable, then
appropriate security shall be released to the Owner/Subdivider 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 on the letter of credit. Additionally, the
County shall provide the Owner/Subdivider a reasonable period of time to cure any deficiency
prior to requesting payment on the letter of credit.
491367 8-973 P-551 04/Ll/96 09:45A PG 4 oF t2
C. SECURITY FOR REVEGETATION. The cost of the landscaping
improvements has been set forth in Exhibit B attached hereto, including an amount sufficient to
provide for full revegetation of the landscaping required by the Preliminary Plan. The letter of
credit set forth above 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 retained as security for a period 'not to exceed one (1) year after such
completion. The initial completion of landscaping shall occur on or before September I, L997.
At the conclusion of that one (1) year period from the date of certification of completion, the
amount of security retained for landscaping shall be released by the County upon receipt and
acceptance of written certification from a landscape professional that such landscaping is
complete and is no longer in need of revegetation, and that revegetation is established.
D. SUBSTITUTION OF LETTER OF CREDIT. The County may, at its sole
option, permit the Owner/Subdivider 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.
E. RECORDING OF FINAL PLAT. No Final PIat shall be recorded
pursuant to this agreement, until the letter of credit described in this agreement, in a form
acceptable to the County, and in an amount acceptable to the County, has been received and
approved by the County.
F. ACKNOWLEDGEMENT OF SATISFACTION. Upon satisfactory
completion of all improvements required by this agreement, the receipt and acceptance of all
written certifications required by this agreement and the expiration of the additional period of
time required under Section 3C above, the County shall execute and deliver a written
acknowledgement of the Owner/Subdivider's satisfaction of this agreement in a recordable form
and fully release all security given hereunder.
4. WATER SYSTEM AND UTILITIES. All easements and real property
constituting the sites of domestic water and other utility systems shall be indicated upon the Final
Plat, and dedicated to, and accepted by the homeowners association for the Subdivision.
Coincident with the recording of the Final Plat, the Owner/Subdivider shall transfer all water
rights to the homeowners association as such are necessary to provide water service to the
Subdivision. Additionally, the Owner/Subdivider shall deed all easements for water services and
utilities to the homeowners association coincident with the recording of the Final Plat.
5. PERMITS The parties agree that no building permit shall be issued until the
Owner/Subdivider demonstrates to the satisfaction of the Fire District and the County 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 Subdivision until all subdivision improvements, including completion of the water
system have been completed and are operational, as required by this agreement. The
Owner/Subdivider herein agrees that prior to the conveyance of any lot within the Subdivision,
Owner/Subdivider wilt provide to the purchaser of that lot a signed copy of Exhibit D attached
hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and
certificates of occupancy.
491367 8-973 P-552 04/LUg6 09:45A PG 5 oF 12
6. ROADS. All roads within the Subdivision shall be private and not dedicated to
the public and are not accepted by the County for purposes of maintenance, upkeep, or repair.
The homeowners association for the Subdivision shall bear the sole responsibility for the
maintenance, repair, upkeep, snow removal and reconstruction of all roads within the
Subdivision
7. INDEMNITY. To the extent allowed by law, the Owner/Subdivider agrees to
indemnify and hold the County harmless and defend the County from all claims which may arise
as a result of the Owner/Subdivider's installation of the improvements required pursuant to this
agreement. However, the Owner/Subdivider 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. The County shall be required to notify the Owner/Subdivider of receipt of a notice of
claim, or a notice of intent to sue and shall afford the Owner/Subdivider the option of defending
any such claim or action. Failure to noti$/ and provide such written option to the
Owner/Subdivider shall extinguish the County's rights under this section. Nothing hereinstated
shall be interpreted to require the Owner/Subdivider to indemnify the County from claims which
may arise fiom the negligent acts or omissions of the County or its employees.
8. SCHOOL IMPACT FEES. The parties recognize and agree that the approval
of the Final Plat constitutes approval of 8 single family lots. The parties agree that school
impact fees shall be determined to be $200.00 per dwelling unit. The Owner/Subdivider
specifically agrees that Owner/Subdivider is obligated to pay the same, herein accepts that
obligation, and waives any claim that Owner/Subdivider is not so obligated or required to pay
school impact fees. The Owner/Subdivider agrees that subsequent to recording of the Final Plat,
the Owner/Subdivider will not claim, nor is the Owner/Subdivider entitled to, a reimbursement
of the school impact fees paid in conjunction with this agreement.
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 until the breach is remedied.
10. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to
recording of the Final Plat.
11. APPROVAL OF FINAL PLAT. The County herein agrees to approve the Final
Plat of the Subdivision subject to the terms and conditions of this agreement, as well as the
terms and conditions of the Preliminary Plan Approval.
12. CONSENT TO VACATE PLAT. In the event the Owner/Subdivider 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 which have not been
conveyed for and at market value to bona fide purchasers, which purchasers are not related to
the Owner/Subdivider. Any lots which have been so conveyed shall not be vacated and the plat
as to those lots shall remain valid. The Owner/Subdivider shall provide a survey and complete
legal description with a map showing the location of a portion of the plat so vacated.
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13. 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.
1,4. BINDING EFFECT. This agreement bhall be a covenant running with the title
to each lot within the Subdivision, and the rights and obligations as contained herein shall be
binding upon and inure to the benefit of the Owner/Subdivider, Owner/Subdivider's successors
and assigns.
15. RECORDING. Upon execution and authorization by the County,
Owner/Subdivider shall record this agreement with the Office of the Clerk & Recorder
Garfield County, Colorado.
16. VENTIE AND JLIRISDICTION. 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.
17. 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.
18. 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 Sth Street, Suite 303
Glenwood Springs, CO 81601
Anneliese K. Allen
437 E 1730 N
Orem, UT 86057
ENTERBD INTO the day and year first above written.
OWNER/SUBDWIDER:
Anneliese K. Allen
iar*/ in" L li "
.
BOARD OF COUNTY COMMISSIONERS
OF GARFMLD COL]NTY, COLORADO
the
for
6
Chairman'to the
491367 8-973 P-554 O4/LL/96 09:45A PG 7 oF 12
EXHIBIT A
SUBDIYISION IMPROVEMENTS AGREEMENT
MOI]NTAIN MEADOWS AT PRINCE CREEK ST]BDTVISION
A parcel of land situated in Lots 8 and 9 of Section 11 and in Lots 3 and 4 of
Section 14, all in Township 8 South, Range 88 West of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness corner set for the
southwest corner of Section 11 of said Township and Range bears S. 58o36'04"
W. 869.15 feet distant; thence along a fence line the following two (2) courses:
(1) N. 88'12'03' E. 173.07 feet
(2) N. 89o35'12" E. t20.63 feet
to the intersectionwith a north south fence line; thence S. 01"45'40" 8.237.44
feet along said fence line to an intersection with an east west fence line; thence
N. 88"16'41'F,.739.99 feet along said fence line; thence S. 02"41'45" E.
530.78 feet to a point on the county line between Garfield County and Pitkin
County; thence N. 90"00'00" W. 1434.55 feet along said county line to a point
on a north south fence line; thence along said fence line the following five (5)
courses:
(1) N. 19"44'01" E. 99.39 feet
(2) N. 06'09'31" E. 74.87 feet
(3) N. 09'29'08" E. 163.04 feet
(4) N. 38'25'59" 8.371.83 feet
(5) N. 30'17'23" E. 737.72 feet
to the point of beginning. Said parcel of land contains 17.893 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
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49136? 8-973 P-555 04/tL/g609:45A PG 8 OF 12
EXHIBIT B
SUBDTVISION IMPROVEMENTS AGREEMENT
MOLINTAIN MEADOWS AT PRINCE CREEK SUBDTVISION
REQUIRED CONSTRUCTION
No.Quantity Item Unit Cost Total Cost
1 1 Mobilization 2,000.00 $ 2,000.00
2 I Acre Clearing and Grubbing of all organic
objects, trees, stumps, roots and other
protruding obstructions not designated
to remain.
4,950.00 4,950.00
3 3,700 c.Y.Unclassified Excavation. Excavation of
all material for road and road borrow
ditch and all appurtenant items, to the
lines and grades of the Drawings,
including topsoil removal (does not
include excavation for ditches).
3.45 12,765.00
4 1,400 L.F.Type A Ditch, including shaping,
excavation (blading), subgrade prep,
riprap and restoration work.
0.85 1,190.00
5 1,600 L.F.Type B Ditch, including shaping
(blading), excavating, subgrade prep,
riprap and restoration work.
0.75 1,200.00
6 1,523 L.F.3" PVC waterline to include all
materials, excavation backfill, bedding
(Class 6), all appurtenances and testing.
t4.40 2t,931.20
1 J 3" Gate Valves to include all materials,
excavation, backfill (Class 6), bedding,
valve box and all appurtenances.
370.00 1,110.00
8 Service Lines, to include all fittings,
couplings, tap, corp. saddle, 1" copper
pipe curb valve and box, all excavation,
backfill, bedding (Class 6) and all
appurtenances.
850.00 6,800.00
9 1 16,000 gallon fiberglass tank to include
standpipe, gate valve, manway and air
vent.
24,635.00 24,635.00
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491367 8-973 P-556 O4/LL/96 o9r45A PG I oF 12
EXHIBIT B
No.Quantity Item Unit Cost Total Cost
10 1 Yard Hydrant to include all fittings,
excavation, backfill (Class 6) and all
appurtenances.
4s0.00 450.00
11 1 Well Pump installation to include
pump, piping pitless, electrical service,
and all appurtenances.
4,100.00 4,100.00
t2 1 Hydrochlorination system, pressure
tanks, water meter, all interior piping,
electrical, all appurtenances and testing.
6,300.00 6,300.00
13 30 L.F.3" Schedule 40 PVC from well to well
house, including all materials,
excavation, backfill, all appurtenances
and testing.
17.00 s10.00
t4 1 132-foot, two-rail split rail fencing with
10' rail gate.
1,650.00 1,650.00
15 J Adjust Water and Range Valve Box to
finish grades.
75.00 225.00
16 2,980 S.Y.3/4" Chip-Seal Surface.2.40 7,152.00
11 1,000 Ton Aggregate Base Course Class 6, for
pavement base, shoulders.
rr.25 11,250.00
18 2 Traffic Sign, including excavation,
concrete base, sign and post.
225.00 4s0.00
t9 950 L.F.48" utility trench to include all
excavation, bedding, backfill,
compaction, installation of conduit for
power and telephone.
5.20 4,940.00
20 3 Electric manholes, including
excavation, backfill, compaction, and
connection to conduit.
440.00 1,320.00
2l 1 Acre Soil Preparation for seeded areas,
including scarification, removal of
rubble and rocks over 4", placement of
topsoil, for all disturbed areas.
3,675.00 3,675.00
22 1 Acre Hydroseeding, Fertilizing with specified
rates of seed mix and fertilizer.
2,950.00 2,950.00
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EXHIBIT B
No.Quantity Item Unit Cost Total Cost
23 1 Well House - Structure 9,000.00
24 Telephone Service 3,000.00
25 Natural Gas Service 1,382.00
26 Trenching for Natural Gas Line 3,675.00
27 Electrical Service 20,000.00
28 Engineering/Surveying 2,000.00
TOTAL COST $ 159,610.20
491367 8-973 P-558 O4/tt/96 09:45A PG 11 OF 12
EXITIBIT C
STJBDIYISION IMPROVEMENTS AGREEMENT
MOTJNTAIN MEADOWS AT PRINCE CREEK ST]BDIVISION
ENGINEER'S CERTIFICATTON OF COSTS
I have reviewed the proposed costs contained in Exhibit B of this Agreement and find
them accurate and complete.
Most of the costs shown are based on actual bid amounts from M & M Construction
in comtemplation of construction of this project. Costs given for electric, gas and telephone
utilities are based on construction estimates from Holy Cross Electric, K N Energy and US
West respectively.
If you have any questions, please don't hesitate to call my office at (970) 945-1004.
Sincerely,
SCHMUESER GORDON MEYER, INC.
DD:st/95008A.1
Dean W.
President
P.E.
491367 8-973 P-ssg O4/Lt/96 09:45A PG 12 OF 12
EXHIBIT D
SUBDIYISION IMPROVEMENTS AGREEMENT
MOTJI{TAIN MEADOWS AT PRINCE CREEK SUBDIVISION
NOTICE REGARDING BUILDING PERMITS
TO: ALL PURCHASERS OF HONIE SITES WITHIN
THE MOUNTAIN MEADOWS AT PRINCE CREEK SUBDTVISION
yOU ARE HEREBY NOTIFBD under applicable Garfield County Regulations, you
may not cofllmence construction of a residence within unincorporated Garfield County, including
Mountain Meadows at Prince Creek Subdivision, prior to issuance of a building permit by
Garfield County. Under the terms of the Subdivision Improvements Agreement between
Garfield County and Anneliese K. Allen, you are hereby notified of the following:
1. Approval of the Final Plat by Garfield County does not assure that improvements
have been constructed, and are actually in place. While Garfield County has obtained sufficient
security to assure construction of those improvements, you have the responsibility to determine
whether or not those improvements will be in place in a timely manner relative to your request
for issuance of a building permit.
2. Prior to issuance of a building permit, the lot owner must demonstrate to the
County that the Fire Protection District is satisfied that there is adequate fire fighting water
available on the construction site.
3. Garfield County shall not issue a certificate of occupancy for any structures within
Mountain Meadows at Prince Creek Subdivision until all subdivision improvements, including
the water system and all other utilities have been completed and are operational in accordance
with the Subdivision Improvements Agreement.
437 E 1730 N
Orem, UT 86057
THE FOREGOING NOTICE WAS READ AND UNDERSTOOD BY THE
UNDERSIGNED PURCHASER OF A HOME SITE WITHIN THE MOUNTAIN MEADOWS
AT PRINCE CREEK SUBDIVISION THIS DAY OF , L99
PURCHASER:
(Type Name)
OWNER/SUBDIVIDER: Anneliese K. Allen
(Type Address )