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HomeMy WebLinkAbout1.01 Supplemental MaterialsilipirairiVibli I11.1A110.110 I 111111 tion#: 802093 2011 12:28:02 PM Jean Alberico 1 of 7 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Lc A$9 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT Owner : 44 -i c r�„�.0 GA Z.4 l�Lt' c?OOJ Glprwt, +� rA too l REV'EGETATION 0[ e r THIS . GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT - 01..�- Dine.4 41.Jact,. REVEGETATION ("Deposit Agreement") is entered into by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"), the Garfield County Treasurer, Georgia Chamberlain ("Treasurer") , and e,, }�,,.v A 1444-i AV,n 1-444; ("Owner"7. Recitals 1.h1=The BOCC approved the Owner's Application for �'�` d C'�i 1i -i- by means of Resolution No. /,01,(- LI. ("Resolution") , recorded at reception no. E,0,041-1. of the Garfield County Clerk and Recorder's Office and incorporated by this reference. 2. The Resolution requires provision of "Security for Revegetation" as defined in condition _ of the Resolution, and Owner wishes to deposit good funds for such security. 3. The BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit Agreement as such financial assurance. 4. The Treasurer is willing and able to hold such funds in accordance with the Treasurer's statutory duties outlined in Sections 30-10-701, et seq. and 30-1-102, C.R.S., as amended. Agreement NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows: 1. Revegetation Treasurer's Account. Owner shall deposit with the Treasurer the sum of p„w-iu,,_,44,4,,1 Dollars ($ loop•n,0 ) to secure revegetation as required in the Resolution. In consideration of the service fee payable to the Treasurer, identified in Paragraph 2, below, the Treasurer shall place the funds in an interest bearing account and disburse funds therefrom in accordance with the terms of this Deposit Agreement. Such account shall be known as the "6.,(A p„r ,i.rJ c1.,141,4A:,,;. Revegetation Treasurer' s Account" and shall be subject to the terms and conditions of this Deposit Agreement. 2. Treasurer's Service Fee. The Treasurer's service fee Page 1 of 6 TDA - Updated 03/09 11111111.FRIPAIWORN 4 hw101116,1,1110411111 Reception#: 802093 ' 05/03/2011 12:28:02 PM Jean AWco 2 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • shall be, in accordance with Section 30-1-102(1)(c), C.R.S., as amended, one percent (1.0%) of the deposited funds, i.e., 'jJe;n dollars and 040 cents ($10.00 ) . The service fee covers administrative costs incurred by the Treasurer in distributing and accounting for the &L( �}� G:✓��� �4�tl� Revegetation Treasurer's Account. Such fee shall be paid by Owner in cash or by check made payable to the Garfield County Treasurer, as noted in the "Receipt" section of this Deposit Agreement (page 6), on or before the date of execution of this Deposit Agreement. The service fee is deemed to be earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on the btu p�Q ���,.Q'��i�,, Revegetation Treasurer's Account shall be paid to Owner as part of the single disbursement detailed in Paragraph 3., below. The Treasurer shall thereafter provide to Owner a report of interest earned, as required by state and federal tax law. Owner shall provide a completed Form W-9 to the Treasurer at the time the deposit is made. 3. Disbursement Procedure. Disbursement from the '1/1 0 -( Revegetation Treasurer's Account shall be made by the Treasurer upon the written direction of the BOCC, as follows: A. Request for Review and Approval. Upon complying with the two year revegetation requirements, Owner shall obtain written approval by the Garfield County Vegetation Management Department of the required revegetation work. B. Deficiencies. If the Garfield County Vegetation Management Department refuses approval of the success. of revegetation, the Garfield County Vegetation Management Department shall provide written notice of deficiency in substantial compliance with the provisions of condition of the Resolution, and Owner shall correct the identified deficiencies. C. Single Request for Disbursement. This Deposit Agreement does not provide for successive partial releases or pa from the � F1�ui.et��,Revegetation Treasurer's Account. One (1) final disbursement shall be requested by Owner, upon completion of Revegetation. Owner specifically recognizes and agrees that partial releases are not allowed as outlined in condition of the Resolution.. D. Request for Disbursement/Release. Owner shall request disbursement by means of a written "Request for Disbursement," addressed to the BOCC and delivered to the Garfield County Building and Planning Department. The Request for Disbursement shall be accompanied by an approval statement from the Garfield County Vegetation Management Department in Page 2 of 6 TDA - Updated 03/09 1111FPI 1171NR 1411110fillet i Ina 111111 Reception#: 802093 05/03/2011 12:28:02 PM Jean R erica 3 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIEL.D COUNTY CO • accordance with the requirements of the Resolution. E. BOCC's Acknowledgment and Direction. Upon review of the submittals required by subparagraph D., above, if the BOCC approves the statement from the Garfield County Vegetation Management Department, the BOCC shall issue its "Acknowledgment of Satisfaction and Direction to Treasurer", in a form substantially similar to that document attached to and incorporated herein by reference as "Exhibit A". F. BOCC's Completion of Revegetation. If Owner's revegetation success is deemed unsatisfactory, in the sole discretion of the BOCC, within the period of time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or cannot complete the revegetation under the IA, the BOCC may withdraw and employ from the plci pv� �,,�;� Revegetation Treasurer's Account such funds as may be necessary to carry out the revegetation. If funds are inadequate, responsibility to complete remaining Revegetation shall be that of the Owner, not the BOCC. If the BOCC elects to complete the Owner's revegetation work, expenditure on the effort. shall be no more than the principal amount of the alj �+-/ A Revegetation Treasurer's Account, plus interest, if interest is due Owner. If the cost of the revegetation to the BOCC is less than the amount available, the BOCC shall return the overage to Owner within a reasonable period of time following completion by the BOCC. 4. Term. The term of this Deposit Agreement shall begin on the date of execution, as defined below, and end on or before two years following approval of the Resolution. If Owner has failed to complete the Revegetation within this term, all funds held under this Agreement shall continue to be maintained by the Treasurer until needed for completion of revegetation by the BOCC under paragraph 3F. 5. Waiver, Consent and Indemnity. Owner consents to the disbursement procedure and other actions authorized and provided for by the terms of this Deposit Agreement. Owner waives any claim against the BOCC, the Treasurer, their officers, employees, agents and contractors, on account of each of their good faith performance of their obligations under this Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer, their officers, employees, agents and contractors, from and against any claim made on account of this Deposit Agreement. 6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend, indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each waive any claim against the Treasurer involving this Deposit Agreement, unless Page 3 of 6 TDA - Updated 03/09 1111 I ♦ Fki4iiriVhLI'Vh 11141111 Reception#: 802093 05/03/2011 12:28:02 PM Jean Rlberico 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • such claim is premised upon the wanton and willful misconduct of the Treasurer. 7. Binding Effect. This Deposit Agreement shall be binding on the successors and assigns of all parties and shall terminate upon final disbursement of funds held by the Treasurer in the o . 0.-1,-1 Zull l4u,,. Revegetation Treasurer' s Account. 8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of governmental immunity applicable to the BOCC under Colorado law. 9. No Agency. The making and execution of this Deposit Agreement shall not be deemed to create a partnership, joint venture, or agency or fiduciary relationship among the parties. 10. Integration. This Deposit Agreement constitutes the entire agreement among the parties pertaining to the method of deposit and disbursement of the od nnL,1 Revegetation Treasurer's Account. No supplement, modification or amendment of this Deposit Agreement, other than changes as to notice information, shall be binding unless executed in writing in a document of equal formality as this Deposit Agreement. 11. Notices. Any notice required or permitted by this Deposit Agreement shall be given in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, or by certified return receipt requested U.S. Mail or receipted delivery service to: BOCC c/o Building & Planning Dept attn: Fred Jarman, Director 108 8th Street, 4th Floor Glenwood Springs, CO 81601 Phone: (970) 945-8212 Garfield County Treasurer Georgia Chamberlain 109 8th Street, Suite 204 Glenwood Springs, CO 81601 Phone: (970) 945-6382 Owner Voc, 4,4L TAR - Updated 03/09 Page 4 of 6 1111 In RnicAPILDIIII. Reception#: 802093 ' 05/03/2011 12:28:02 PM Jean Alb 5 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO L7 Lz✓waL9J Phone: • Changes in address, phone number and identity of contact person(s) shall be made in writing, and may be made without formal amendment of this Deposit Agreement. WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date of execution by the BOCC, as beneficiary, noted below. ATTEST: rk to the TDA - Updated 03/09 BENEFICIARY: :•ARD OF CO GA' IELD C By: NTY NTY, COMMISSIONERS COLORADO Joh Date: DEPOSIT GARFIELD By: OUNTY T ER Georgia Chamberlain, Treasurer Date: 14-{e-1.©11 DEPOSITOR/OWNER: By://13 Page 5 of 6 ■III 1 ',� �l ii��4il' Iw ��6! l CliNK Nit+SIN' 1111H Reception#; 802093 65 of372 0 eo Fee:$0.02 0PDM ocJFee:0.00rGARFIELD COUNTY CO State of Colorado )ss. County of Garfield ) • Date: q-24-11 Subscribed and sworn to before me this 41 day of ipJt1J 20$1 , by j2oc An -lop -11j C'tabc a..1 MarD /�mh JC-�u.bossi Witness my hand and official seal. My Commission expires: 0 9 Dzia, RECEIPT Check No. Cash or Notary ublic Form W-9: Received / By: Print Name: &&o(5( CIt c. k,n,G ,v.Ea Title : ce vt. 'rL� 7`v �aL u 'tahJ Office of the Treasurer Date: -(9 2-6 Form 1099 shall be sent to: MyFiles/PLAN/2009 FORMS/2009 TDA REVEG TDA - Updated 03/09 Arct toe -13 a4121.4: 44 1:7) I.G'k.v-sem l,r r 24 Gv�Zn /o?J G' s 1.42 t Page 6 of 6 1111 FROM.% Kle14101A.10.1114 11 111 Reception#: 802093 05/03/2011 12:28:02 PM Jean Alberico 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT C ASC REQUEST FOR FINAL RELEASE OF REVEGETATION LETTER OF CREDIT/TREASURER'S DEPOSIT AGREEMENT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of revegetation work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Completion and approve cancellation and full release of the Treasurer's Deposit Agreement and the funds held thereby. Attached is the original cost estimate and certified work completed schedule showing that revegetation required by the Subdivision Improvements Agreement and secured by the Treasurer's Deposit Agreement has been completed. Based upon periodic observation and testing, the revegetation has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact at Owner's Representative/Engineer 1 • 1111 1116 MUM iiille101 Kir NN 1111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Plberioo 1 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO OLD ORCHARD SUBDIVISION IMPROVEMENTS AGREEMENT THIS OLD ORCHARD SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this . day of 0617,--1 ( , 2011, by and between ROC ANTHONY GABOSSI and MARY ANN GABOSSI (collectively "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). Recitals 1. Owner is the owner and developer of the Old Orchard Subdivision (the "Subdivision"), which property is depicted on the Final Plat of the Old Orchard Subdivision ("Final Plat" or "Final Plat of the Subdivision"). The real property subject to this STA is described in that Final Plat recorded at Reception Number `0(10 9a of the real estate records of Garfield County, Colorado and incorporated by this reference. 2. On t,,,_L.tv-- tia , 2010, the BOCC, by Resolution No. vo t 1- recorded at Reception Number &9 0.5 9 -} of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a combined preliminary/final plan for the Subdivision which, among other things, would create four single-family residential lots ("Preliminary/Final Plan Approval"). 3. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Unified Land Use Resolution of 2008, Owner wishes to enter into this SIA with the BOCC. 4. Owner has agreed to execute and deliver a letter of credit or other security in a form satisfactory to the BOCC to secure and guarantee Owner's performance under this • • Ely mr.6 Y .71,11fil ili riq, IMii l'!.Ifl'i 11111 Reception#; 802094 05/03/2011 12:28:02 PM Jean Riberico 2 of 37 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO Agreement and under the Preliminary/Final Plan Approval and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth below. 5. Owner represents that at the time of recording this SIA all taxes and assessments upon all parcels of real estate described in this SIA are paid in full.. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: Agreement 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary/Final Plan Approval, and the requirements of the Garfield County Unified Land Use Resolution of 2008 and any other governmental or quasi -governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and installed the subdivision improvements, identified in the Exhibit defined in subparagraph 2.a.i, below ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements, except for revegetation, shall be completed on or before the end of the first full year following execution of this SIA ("Completion Date"), in substantial compliance with the following: i. Plans marked "Approved for Construction" for all Subdivision 7 1111111 1111.M111,41, ,Iw1ifil'tili 11111 Reception 802094 05/03/2011 12:28:02 PM Jean Rlberico 3 of 37 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Improvements prepared by SGM, Inc. and submitted to the BOCC on December 16, 2009, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit A; the estimate of cost of completion prepared and submitted by B.C. Excavation & Construction and certified by and bearing the stamp of Owner' s professional engineer licensed in the State of Colorado ("Owner's Engineer") attached to and made a part of this SIA by reference as Exhibit B, which estimate shall include an additional ten (10) percent of the total for contingencies; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the Garfield County Unified Land Use Resolution of 2008 ("Final Plat Documents"). ii. All requirements of the combined Preliminary/Final Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi - governmental authorities with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(c), below; all other requirements of this SIA have been met; and all requirements of Preliminary/Final Plan Approval are satisfied, then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary/Final Plan Approval, the Final Plat Documents and the Garfield County Unified Land Use Resolution of 2008, with respect to the installation of Subdivision Improvements. 2 • 1 ■iii FA 11:4,471).11/2.% tiNitlehlitiell14114r.ki B111 Reception 802094 05/03/2011 12:28:02 PM Jean fllberieo 4 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE - VEGETATION). a. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements other than revegetation, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C-1 ("LOC") or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $79,959.70, representing the full estimated cost of completing the Subdivision Improvements excluding revegetation, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), as set forth and certified by Owner's Engineer on Exhibit B to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements subject of this Paragraph 3.a. b. LOC Requirements and Plat Recording. The LOC required by this SIA shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the LOC is not licensed in the State of Colorado and transacting business within the State of Colorado, the LOC shall be "confirmed" within the meaning of the Uniform Commercial Code, Letters of Credit, § 4-5-101, et seg., C.R.S., as amended, by a bank that is licensed to do business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC shall state that presentation of drafts drawn under the LOC shall be at an A • • 1111 In MAIO G1 ri4444110L Nit 1141.11Nui 11111 Reception#: 802094 05/03/2011 12:28:02 PIS Jean Wlberioo 6 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO office of the issuer or confirmer located in the State of Colorado. The Final Plat of the Subdivision shall not be recorded until the security, described in this paragraph 3 and the security for revegetation described in paragraph 4, below has been received and approved by the BOCC. c. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for the validityof the LOC shall be similarly extended by the Owner. For each six (6) month extension, at the sole option of the BOCC, the face amount of the LOC shall be subject to re -certification by Owner's Engineer of the cost of completion and review by the BOCC. d. Unenforceable LOC. Should the LOC expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion of the Subdivision Improvements, this SIA shall become void and of no force and effect and the Final Plat shall be vacated pursuant to the terms of this SIA. e. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do so by means of submission to the Building and Planning Department of a "Written Request for Partial Release of LOC", in the form attached to and incorporated by this reference as Exhibit D, accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary/Final Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face • • Ell ' 1'Zfi,rehIlli iNflifildiiI.«4IL 11 111 Reception#: 802094 05/03/2011 12:28:02 PN Jean Alberico 6 of 37 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO amount of the LOC as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer, requirements of the Preliminary/Final Plan Approval have been met, and both the certification and satisfaction of the Preliminary/Final Plan Approval requirements have been approved by the BOCC. f. BOCC' s Investigation. Notwithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's certificate of partial completion of improvements, the BOCC may review the certification and the Preliminary/Final Plan Approval, and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the BOCC within fifteen (15) business days of submission of Owner's Written Request for Partial Release of LOC, accompanied by Owner's Engineer's certificate of partial completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of security, provided that all requirements of the Preliminary/Final Plan Approval have been satisfied. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications or that requirements of the Preliminary/Final Plan Approval have not been met, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Written Request for Partial Release of LOC. iii. If a letter of potential deficiency is issued identifying a portion of '4 • • 1111 liiriNriVi114 NI1.114111MI'I .INITin 11 II Reception#: 802094 05/03/2011 12:28:02 PM Jean Alberico 7 of 37 Rep Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO the certified Subdivision Improvements as potentially deficient and there are no outstanding requirements of the Preliminary/Final Plan Approval, then all Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize release of the amount of security related to the Subdivision Improvements certified as complete and not identified as potentially deficient. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency or requirements of the Preliminary/Final Plan Approval that have not been met, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications and that all requirements of the Preliminary/Final Plan Approval have been met, then the appropriate amount of security shall be authorized for release within ten (10) business days after completion of such investigation. g- BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements, whether or not Owner has submitted a written request for release of LOC, or that requirements of the Preliminary/Final Plan Approval have not been met, the BOCC may withdraw and employ from the LOC such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications or to satisfy the Preliminary/Final Plan Approval requirements, up to the face 7 • • 1111 E'i NM,4'.A111.1 1VCIAL WYE WIN ilVith /III Reception#: 802094 05/0312011 12:28:02 PM Jean Rlberico 8 of 37 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO amount or remaining face amount of the LOC. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this SIA or requirements of the Preliminary/Final Plan Approval prior to requesting payment from the LOC, in accordance with the provisions of Article XIII of the Garfield County Unified Land Use Resolution of 2008. In lieu of or in addition to drawing on the LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements and satisfaction of requirements of the Preliminary/Final Plan Approval. The BOCC shall provide the Owner a reasonable time to cure any identified defieiency(ies) prior to requesting payment from the LOC or filing a civil action. h. Final Release of Security. Upon completion of all Subdivision Improvements and Preliminary/Final Plan Approval requirements, other than revegetation, Owner shall submit to the BOCC, through the Building and Planning Department: i) record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary/Final Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner's Association of the Subdivision at the time of Final Plat Approval; and 3) a Written Request for Final Release of LOC, in the form attached to and incorporated herein as Exhibit E, along with Owner's Engineer's stamp and certificate of final completion of improvements. i. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, 0 1111V 1L l.14,1 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 9 of 37 Rec Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO and that all requirements of the Preliminary/Final Plan Approval have been met, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f., above, shall be followed. iii. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Preliminary/Final Plan Approval have been satisfied, the BOCC shall authorize final release of security within ten (1.0) days after completion of such investigation. iv. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, and/or that requirements of the Preliminary/Final Plan Approval have not been satisfied, the BOCC may complete remaining Subdivision Improvements and satisfy requirements of the Preliminary/Final Plan Approval, or institute court action in accordance with the process outlined in paragraph 3.g., above. 4. SECURITY FOR REVEGETATION. a. Revegetation LOC and Substitute Collateral. Revegetation of disturbed areas in the Subdivision, the costs for which are detailed as a subdivision improvement in Exhibit B in the amount of $1,000, shall be secured by delivery of a Letter of Credit from the Owner to the BOCC ("Revegetation LOC") The Revegetation LOC shall be valid for a minimum of two 9 ■III l '♦tg4+1 4irfitti'i't.10NWa14%44:1f40ii%i 111111 Reception#: 802094 05/03/2011 12:28:02 PM 10 of 37 Rec Fee:$0.00 Jean Albericc Doc Fee:0.00 GARFIELD COUNTY CO (2) years following recording of the Final Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of revegetation. In lieu of a Revegetation LOC, the BOCC hereby accepts the Treasurer's Deposit Agreement, attached to and incorporated in this SIA by reference as Exhibit C-2 b. Revegetation LOC General Provisions. The provisions of paragraphs 3.b., 3.c. and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates, increase in face amounts, and plat recording shall apply to the Revegetation LOC. c. Revegetation Review and Notice of Deficiency. Upon establishment of revegetation, the Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, as amended, and the revegetation/reclamation plan titled Driveway Plan and Profile by SGM, Inc. and dated December 16, 2009 for the Subdivision submitted as part of the combined Preliminary/Final Plan Approval. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation Management Department, as such efforts may be instituted within the two (2) years following recording of the Final Plat. d. Single Request for Release of Revegetation LOC. Following receipt of written approval of the Vegetation Management Department, the Owner may request release of the Revegetation LOC and shall do so by means of submission to the BOCC, through the Building and Planning Department, of a Written Request for Release of Revegetation LOC, in in ■III D li Mdse SIU*.IFI R. KfN 4 Rills 11111 Reception#: 802094 05/0312011 12:28:02 PM Jean Alberiec 11 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1 the form attached to and incorporated herein by reference as Exhibit F, along with certification of completion by the Owner, or Owner's agent with knowledge, and a copy of the written approval of the Vegetation Management Department. It is specifically understood by the parties that the Revegetation LOC is not subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the Revegetation LOC and the BOCC's associated rights to withdraw funds and bring a court action may survive final release of the LOC securing other Subdivision Improvements, defined in paragraph 3.a., above. e. BOCC's Completion of Revegetation and Other Remedies. If Owner's revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in its discretion, may withdraw and employ from the Revegetation LOC such funds as may be necessary to carry out the revegetation work, up to the face amount of the Revegetation LOC. In lieu of or in addition to drawing on the Revegetation LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Revegetation LOC or filing a civil action. 5. WATER SUPPLY. As stated in paragraph 13, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water, fire protection, and non -potable irrigation water in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution systems shall be as shown on the Final Plat. Owner shall deposit with the Garfield 11 1 ■III F'i� y M a'4iriii'i viniiim I05,' 01%1l M 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 12 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water systems, for recordation following recording of the Final Plat and this SIA. Immediately following the recordation of the Final Plat and this SIA, all facilities and equipment contained within the water supply system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision or individual homeowner(s), as appropriate, by bill of sale. If a third party water service entity requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary, has been assigned. 6. PRIVATE ROADS. There are no public roads within the Subdivision. The private roadway for the Subdivision is private and controlled by the Declaration of Private Roadway and Utility Easements and Maintenance Obligations filed concurrently herewith (the "Declaration"). The Declaration details the responsibility for the maintenance, repair and upkeep of said right-of-way, including the traveled surface of the roadway and portions of the rights-of- way outside of the traveled surface. The BOCC shall not be obligated to maintain any road right-of-way within the Subdivision. The private roadway is depicted as such on the Final Plat. 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain easements for installation and maintenance of utilities. Public utility easements shall be depicted on the face of the Final Plat and deeded by recorded instrument to the HOA for the benefit of public utility providers. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements depicted on the Final Plat by separate document, Owner shall execute and record the required • • 111 in.111 11%1 V411:514t AII+NI:1141ni 1l III Reception#: 802094 05/03/2011 12:28:02 PM Jean Alberico 13 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO conveyance documents. Any utility easement within county road rights-of-way are subject to the Garfield County Road and Right -of -Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended 8. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements including revegetation and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or are the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC 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 BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a_ waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 9. ROAD IMPACT FEE. Because the access to the Subdivision is via a state highway, no Garfield County Road Impact fee is assessed. 10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Roaring Fork RE-1School District, calculated in accordance with the Garfield County Unified Land Use Resolution of 2008 and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated for the RE -1 School District as follows: Unimproved acreage value is $210,000.00 and the undeveloped land is 14.18 acres. The land dedication standard is .020 acres and the number of new single family units to be built on 13 • • 111 11111 Reception#: 802094 05/0312011 12:28:02 PM Jean Alberico 14 of 37 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO the property is 2. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, Five Hundred Ninety One and 97/100 Dollars ( $591.97) as a payment in lieu of dedication of land to the Roaring Fork RE -1, School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of §30- 28-133, C.R.S., as amended, and the Garfield County Unified Land Use Resolution of 2008. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the Roaring Fork RE -1 School District. 11. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 12. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, including failure to satisfy requirements of the Preliminary/Final Plan Approval, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Glenwood Springs Rural Fire Protection District ("District"), if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation have been completed and are operational and all requirements of the Preliminary/Final Plan Approval have been sa)isfied as required by this SIA. No additional • 11110110111Ei111, 1A1Ir Cr air t ■III Reception#: 802094 05/03/2011 12:20:02 PM Jean Rlberico 15 of 37 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO building development on Lot 1 shall be permitted until an additional drainage/debris flow analysis has been performed. Additional development may be permitted upon specific recommendations derived from the drainage/debris flow analysis. The drainage/debris flow analysis shall be supplied to Garfield County with any building permit application for Lot 1. Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit G, concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this SIA. 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 14. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 13, above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to ■III f(f . i' 'trealvdi'I WALIM,WitiEN4 11111 Reception#: 802094 05103/2011'12:28:02 PM Jean Plberico 16 of 37 Rep Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. In addition, the BOCC may, but shall not be required to, pursue any of its enforcement remedies as applicable, pursuant to Article XII of the Unified Land Use Resolution of 2008, as amended. 15. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 16. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 17. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: Roc Anthony Gabossi and Mary Ann Gabossi 44523 Highway 6 Glenwood Springs, CO 81601 Phone: (970) 384-2630 w/copy to, 14 ■111 F.61 111 Reception#: 802094 05!0312011 12:28:02 PM Jean Alberico 17 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO John L. Taufer John L. Taufer & Associates, Inc. 909 Colorado Ave. P.O. Box 2271 Glenwood Springs, CO 81602 Phone: (970) 945-1337 BOCC: Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 18. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. Before any extension of Completion Date is considered, Owner shall certify that all taxes and assessments on the real property subject to the SIA are paid in full. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 19. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the 17 • • ■ i P.611Pri4111.i i+ih. WINI.1471411:11011i70414 11111 Reception#: 802094 05103/2011 12:28:02 PM Jean Rlberico 18 of 37 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO same instrument. 20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATTEST: -e-sv-.- VYt Clerk to the Board BOARD OF COUNTY COMMISSIONERS GARFIEL 1 1 NTY, COLORADO By: Chairman Date: OWNER Roc Anthony Gabossi Date Mary • Gabossi 41" --til Date • i 1111 h', ♦NOVA, HMO ii:4 14AZ'«Yl +tO 11 11 1 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 19 of 37 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by Roc Anthony Gabossi and M rt ,2011. Owner of the Subdivision, this 14 day of WITNESS my hand and official seal. My commission expires: 01c1J (a - Notary Public 1111 Wir.6111911%314 0194 1 01NcrLclit,1411 111 111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Alberico 20 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • EXHIBIT A Old Orchard Subdivision — List of Drawings ■ Sheet 1 — Drainage/Grading Plan and Driveway Profile • Sheet 2 — Drainage/Grading Plan and Driveway Profile • Sheet 3 — Lot 3 Berming & Cross Sections Drawings Prepare by: SGM, Inc. Engineers and Surveyors 118 W. 6th Street Ste. 200 Glenwood Springs, CO 81601 (970) 945-1004 1 a 1 a . t I .„,-.-----------VOI\ ‘ViVit "gr. Sarit)104, Nripplelt, \ IP tat 8 8 1 aa4 la4,1 L I reac. "saw' .arros 321.3 - 4- 1 1 i id te-1.. SW 1 '4 & 1 kit,li !I, .1.0 153Zi. ,SINU vs. p AMP. L.. - col 0' V !i• 1 1 ,51 r-rloasYS-7,/ !/1,47/,‘C otarra — ._ ..i. ' 1 i i " < .' li I i i i 1 • u! I 1 • u•SF. 110( .14 aa.re 0,4". ,ow qv, uar em•au kV fer-O.VAIM, • rr MSC 09999 �Q8 2 SECTION 5 SECT/ON 3 SECTION 2 1 0 U >- 0 0 0 U 0 W LL CCUU L0 Cm 41) CLL 41 O r; 7ao N 069 �NQ Nv O ix •�mn to 2,8 -O:ON Bill h'i'i161 1lir)l 110,!;lii'1,i h:1+11I0,IICiliini 11111 Reception#: 802094 05/03f2011 12:28:02 PN Jean Rlberico 24 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B.C. Excavation & Construction P.O. Box 1144 Dolores, Co. 81323 Bid Proposal For The Old Orchard Subdivision Description QTY UNIT UNIT PRICE PRICE Mobilization 1.00 LS 500.00 $ 500.00 Clear And Grub 1,00 LS $ 150.00 $ 150.00 Silt Fence 317.00 LF $ 1.38 $ 437.46 Erosion Logs ( Check Dams) 2.00 EA $ 87.88 $ 175.76 Excavation 713.27 CY $ 7.70 $ 5,492.18 Embankment 50.00 CY $ 4.00 $ 200.00 18" CMP 50.00 LF $ 46.70 $ 2,334.90 18" Bands 2.00 EA $ 44.82 $ 89.64 18" Flared End Sections 2.00 EA $ 129.53 $ 259.05 12" CMP 30.00 LF $ 27.77 $ 833.10 12" Band 1.00 EA $ 36.77 $ 36.77 12" Head Gate 1.00 EA $ 611.00 $ 611.00 12" Flared End Section 1.00 EA $ 75.42 $ 75.42 8" Utility Sleeves 30 L.F. x 2 30.00 LF $ 29.00 $ 870.00 600 L.F. 1" Water Service Line 600.00 LF $ 14.50 $ 8,700.00 Pump House, Pressure Switch, Water Tank 1.00 LS $ 600.00 $ 600.00 Pipe Removal 1.00 LS $ 200.00 $ 200.00 Grizzly Pitrun 1342.00 TN $ 12.50 $ 16,775.00 Class # 2 - 3" minus for CDOT ROW 105.00 TN $ 23.50 $ 2,467.50 Class 6 (Spec 3/4" Base Course) 671.00 TN $ 25.04 $ 16,801.84 New Fence 1.00 LS $ 5,000.00 $ 5,000.00 Saw Cut Asphalt 92.00 LF $ 3.50 $ 322.00 Fabric (mirafi 500X) 2398.28 SY $ 1.10 $ 2,638.11 Revegetatiion 1.00 LS $ 1,000.00 $ 1,000.00 Traffic control Plan 1 LS $ 95.00 $ 95.00 Traffic Control 5 Days $ 787.00 $ 3,935.00 Pave The Entrance 1 LS $ 3,000.00 $ 3,000.00 10% Contingency 1 $ 7,359.97 $ 7,359.97 Sub total $ 73,599.73 Total With 10 % contingency $ 80,959.70 Old Orchard Bid Proposal Exhibit B J embank. EXI1 r dor U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING GROUP 111 S.W. FIFTH AVE., SUITE 500 PORTLAND, OREGON U.S.A. 97204 SWIFT: USBKUS44PDX FAX: (503)275-5132 MARCH 21, 2011 1111 Vs141 *KM 11 11 1 Reeeptlon#: 802094 05/03/2011 12:28:02 PM Jean Rlberioo 25 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO IRREVOCABLE STANDBY LETTER OF CREDIT BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO C/O BUILDING AND PLANNING DEPARTMENT 108 8TH STREET, SUITE 213 GLENWOOD SPRINGS, CO 81601 APPLICANT: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, CO 81601 LEI -1 ER OF CREDIT NUMBER: SLCPPDX05315 EXPIRY DATE: NOVEMBER 2, 2012 AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT ADDRESS INDICATED ABOVE. AMOUNT: NOT EXCEEDING US$79,959.70 (SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS) WE HEREBY ISSUE AT THE REQUEST OF THE APPLICANT IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCPPDX05315 IN AN AMOUNT NOT TO EXCEED SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS ($79,959.70). THE PURPOSE OF THIS LETTER IS TO SECURE THE APPLICANT'S PERFORMANCE OF AND COMPLIANCE WITH THE AGREEMENT BETWEEN APPLICANT AND BENEFICIARY, DATED AND TITLED THE OLD ORCHARD SUBDIVISION IMPROVEMENTS AGREEMENT ("SUBDIVISION IMPROVEMENTS AGREEMENT"). THIS LETTER OF CREDIT EXPIRES AT THE COUNTERS OF U.S. BANK NATIONAL ASSOCIATION, 111 SW FIFTH AVE., SUITE 500, PORTLAND, OREGON 97204, AT 5:00 P.M. PACIFIC TIME ON NOVEMBER 2, 2012. THIS LEFIER IS NOT TRANSFERABLE. THIS LETTER OF CREDIT IS AVAILABLE BY PAYMENT BY DRAFT(S) DRAWN AT SIGHT ON U.S. BANK NATIONAL ASSOCIATION PRESENTED TO OUR BRANCH LOCATED AT 1901 GRAND AVENUE, GLENWOOD SPRINGS, CO 81601 WHO IN TURN WILL SEND THE DRAWING VIA OVERNIGHT COURIER TO THE LETTER OF CREDIT DEPARTMENT. DRAFT(S) ARE TO BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S SIGNED STATEMENT EXECUTED BY THE CHAIRMAN OF THE BOCC OR THE BOCC'S AUTHORIZED DESIGNEE STATING: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI, DEVELOPERS OF THE OLD ORCHARD mbank. • • 1111 PlriCSI'ihilVANCI' L1rirt iiM1'IiiP4,lf1ii 11111 Reception#: 802094 06/03/2011 12:28:02 PM Jean Rlberico 26 or 37 Reo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO SUBDIVISION ARE IN DEFAULT OF THEIR OBLIGATIONS SET FORTH IN THAT CERTAIN SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN ROC ANTHONY GABOSSI AND MARY ANN GABOSSI AND THE BOCC, DATED AND RECORDED AS RECEPTION NUMBER IN BOOK AT PAGE OF THE REAL ESTATE RECORDS OF THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER. 2. THE ORIGINAL LETTER OF CREDIT. TELEFACSIMILE OF THE DRAW DOCUMENTS IS ACCEPTABLE TO OUR FAX NO. (503)275-5132. THE FAX PRESENTATION SHALL BE DEEMED THE ORIGINAL PRESENTATION. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO BANK BY OVERNIGHT COURIER AT THE TIME OF FAX PRESENTATION. WE WILL REMIT PROCEEDS PER YOUR WIRE INSTRUCTIONS. PARTIAL DRAWINGS ARE PERMITTED. THE BENEFICIARY MAY AUTHORIZE REDUCTIONS OF THE FACE AMOUNT OF THIS LETTER OF CREDIT FROM TIME TO TIME BY PRESENTING THEIR SIGNED STATEMENT TO THAT EFFECT. THIS LETTER OF CREDIT AND AMENDMENTS, IF ANY, MUST BE RETURNED TO US IF CANCELLING EARLY WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING: "THIS LET 1'ER OF CREDIT IS NO LONGER REQUIRED BY THE BOCC AND IS HEREBY RETURNED TO THE ISSUING BANK FOR CANCELLATION." DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER. U.S. BANK NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLCPPDX05315 " THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 AND THE LAWS OF THE STATE OF COLORADO. IN THE EVENT OF A CONFLICT, THE LAWS OF THE STATE OF COLORADO WILL PREVAIL. VENUE FOR ANY JUDICIAL PROCEEDING PERTAINING TO THIS LETTER OF CREDIT SHALL BE IN A COURT OF COMPETENT JURISDICTION IN GARFIELD COUNTY, COLORADO. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED AND NEGOTIATED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. U.S. BANK NATIONAL AS • CIATION A MEMBER F THE F. rERAL SERVE SYSTEM 6 STANDBY LETTERS OF CREDIT LORI E. ROWELL ASSISTANT VICE PRESIDENT • • 11111WWWWWW.WWWW1161414 111 111 Reception#: 802093 05/03/2011 12:28:02 PM Jean Rlberioo 1 of 7 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO &A; k f[ 2,009 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT Owner: 4- 1-j •E Z,Aic o� to l too REVGEfiATION THIS -.4.8-Z4 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT - NUL D„JREVEGETATION ("Deposit Agreement") is entered into by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"), the Garfield County Treasurer, Georgia Chamberlain ("Treasurer") , and 6, �,�,,��,A 4 1-44,,,1 1a,,,, Lo`G.Le,4 ("Owner" . Recitals 1_ The �BOCC approved the Owner's Application for 9L o „`4 6,,,ba"`�""° means of Resolution No. � 4 Pw— .c �c�.d,.l (>i:..-- by 1/01i - i`} - t ("Resolution") , recorded at reception no. g0o3�t.-'1- of the Garfield County Clerk and Recorder's Office and incorporated by this reference. 2. The Resolution requires provision of "Security for Revegetation" as defined in condition _ of the Resolution, and Owner wishes to deposit good funds for such security. 3. The BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit Agreement as such financial assurance., 4. The Treasurer is willing and able to hold such funds in accordance with the Treasurer's statutory duties outlined in Sections 30-10-701, et seq. and 30-1-102, C.R.S., as amended. Agreement NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows: 1. Revegetation Treasurer's Account. Owner shall deposit with the Treasurer the sum of 04,,4 --41,4j4 Dollars ($ i40o0,c,0 ) to secure revegetation as required in the Resolution. In consideration of the service fee payable to the Treasurer, identified in Paragraph 2, below, the Treasurer shall place the funds in an interest bearing account and disburse funds therefrom in accordance with the terms of this Deposit Agreement. Such account shall be known as the "ea D� .�. C,.;ln lieo,a;r, Revegetation Treasurer's Account" and shall be subject to the terms and conditions of this Deposit Agreement. 2. Treasurer's Service Fee. The Treasurer's service fee Page 1 of 6 TDA - Updated 03/09 • • 1111 In FPIIVINV PCINI lri � '1�4°t�i�� WIA 1111 in corm! remoa 11111 Reception#: 802093 Reception#: 802094 05/03/2011 12:26:02 PM Jean Alberico 05/03/2011 12:29:02 PM Jean Alberico 2 of 7 Rec Fee:$0,00 Doo Fee:0.00 GARFIELD COUNTY 28 of 37 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO shall be, in accordance with Section 30-1-102(1)(c), C.R.S., as amended, one percent (1.0%) of the deposited funds, i.e., dollars and 040 cents ($10.00 ) . The service fee covers administrative costs incurred by the Treasurer in distributing and accounting for the Oa Revegetation Treasurer's Account. Such fee shall be paid by Owner in cash or by check made payable to the Garfield County Treasurer, as noted in the "Receipt" section of this Deposit Agreement (page 6), on or before the date of execution of this Deposit Agreement. The service fee is deemed to be earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on theod Revegetation Treasurer's Account shall be paid to Owner as part of the single disbursement detailed in Paragraph 3., below. The Treasurer shall thereafter provide to Owner a report of interest earned, as required by state and federal tax law. Owner shall provide a completed Form W-9 to the Treasurer at the time the deposit is made. 3. Disbursement Procedure. Disbursement from the Al i ,j (.,,1\,),L',,,,,;,,,,, Revegetation Treasurer's Account shall be made by the Treasurer upon the written direction of the BOCC, as follows: A. Request for Review and Approval. Upon complying with the two year revegetation requirements, Owner shall obtain written approval by the Garfield County Vegetation Management Department of the required revegetation work. B. Deficiencies. If the Garfield County Vegetation Management Department refuses approval of the success of revegetation, the Garfield County Vegetation Management Department shall provide written notice of deficiency in substantial compliance with the provisions of condition of the Resolution, and Owner shall correct the identified deficiencies. C. Single Request for Disbursement. This Deposit Agreement does not provide for successive partial releases or disbursements from the AI'rzfr I /,,j4.1,4,t4y,;,r,Revegetation Treasurer's Account. One (1) final disbursement shall be requested by Owner, upon completion of Revegetation. Owner specifically recognizes and agrees that partial releases are not allowed as outlined in condition of the Resolution. D. Request for Disbursement/Release. Owner shall request disbursement by means of a written "Request for Disbursement," addressed to the BOCC and delivered to the Garfield County Building and Planning Department. The Request for Disbursement shall be accompanied by an approval statement from the Garfield County Vegetation Management Department in Page 2 of 6 TDA - Updated 03/09 • • 1111 iniFitirliN'(.1,410C1 lir rld% WON Reception#: 802093 05/03/2011 12:28:02 PM Jean Alberico 3 of 7 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO ■III n ciailr n IlfiCIAMIM.1011141414CM. 11Ili 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Alberico 29 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFTELD COUNTY CO accordance with the requirements of the Resolution. E. BOCC's Acknowledgment and Direction. Upon review of the submittals required by subparagraph D., above, if the BOCC approves. the statement from the Garfield County Vegetation Management Department, the BOCC shall issue its "Acknowledgment of Satisfaction and Direction to Treasurer", in a form substantially similar to that document attached to and incorporated herein by reference as "Exhibit A". F. BOCC's Completion of Revegetation. If Owner's revegetation success is deemed unsatisfactory, in the sole discretion of the BOCC, within the period of time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or cannot complete the revegetation under the IA, the BOCC may withdraw and employ from the etc) O-,1 4,,1.1.444,,;,.. Revegetation Treasurer's Account such funds as may be necessary to carry out the revegetation. If funds are inadequate, responsibility to complete remaining Revegetation shall be that of the Owner, not the BOCC. If the BOCC elects to complete the Owner's revegetation work, expenditure on the effort. shall be no more than the principal amount of the oto�i.t 1 Gt,l,�c �,. Revegetation Treasurer's Account, plus interest, if interest is due Owner. If the cost of the revegetation to the BOCC is less than the amount available, the BOCC shall return the overage to Owner within a reasonable period of time following completion by the BOCC. 4. Term. The term of this Deposit Agreement shall begin on the date of execution, as defined below, and end on or before two years following approval of the Resolution. If Owner has failed to complete. the Revegetation within this term, all funds held under this Agreement shall continue to be maintained by the Treasurer until needed for completion of revegetation by the BOCC under paragraph 3F. 5. Waiver, Consent and Indemnity. Owner consents to the disbursement procedure and other actions authorized and provided for by the terms of this Deposit Agreement. Owner waives any claim against the BOCC, the Treasurer, their officers, employees, agents and contractors, on account of each of their good faith performance of their obligations under this Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer, their officers, employees, agents and contractors, from and against any claim made on account of this Deposit Agreement. 6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend, indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each waive any claim against the Treasurer involving this Deposit Agreement, unless Page 3 of 6 TDA - Updated 03/09 • • ■I1l NWWWWWAH,ACP�i+�1�+PClw+'l�I��f�i °i 1111 !1'�"i1 1�4��'i�'�Ik4 h��4IWN1L h 4ln l+�4� IK��i 1111 Reception#: 802093 Reception#: 802094 05/03/2011 12:28:02 PM Jean Alberico 05/03/2011 12:20:02 PM Jean Aiberico 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 30 of 37 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO such claim is premised upon the wanton and willful misconduct of the Treasurer. 7. Binding Effect. This Deposit Agreement shall be binding on the successors and assigns of all parties and shall terminate upon final disbursement of funds held by the Treasurer in the oU. a,cLt ,L.-Revegetation. Treasurer's Account. 8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of governmental immunity applicable to the BOCC under Colorado law. 9. No Agency. The making and execution of this Deposit Agreement shall not be deemed to create a partnership, joint venture, or agency or fiduciary relationship among the parties. 10. Integration. This Deposit Agreement constitutes the entire agreement among the parties pertaining to the method of deposit and disbursement of the cid n,, -,{I Revegetation Treasurer's Account. No supplement, modification or amendment of this Deposit Agreement, other than changes as to notice information, shall be binding unless executed in writing in a document of equal formality as this Deposit Agreement. 11. Notices. Any notice required or permitted by this Deposit Agreement shall be given in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, or by certified return receipt requested U.S. Mail or receipted delivery service to: BOCC c/o Building & Planning Dept attn: Fred Jarman, Director 108 8th Street, 4th .Floor Glenwood Springs, CO 81601 Phone: (970) 945-8212 Garfield County Treasurer Georgia Chamberlain 109 8th Street, Suite 204 Glenwood Springs, CO 81601 Phone: (970) 945-6382 Owner TDA - Updated 03/09 (eA2 Page 4 of 6 • • 111117"anifiilitlMAWCWii111541 4fii.141i ilI 1111111MAAM' INNOWIAN iOiki '<i1410NNIV411111 Reception#: 802093 05/03/2011 12:28:02 PM Jean Alberico Reception#: 802094 5 of 7 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO 05/03/2011 12:28:02 PM Jean Alberico 31 of 37 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO Go Tto - fp Phone: Changes in address, phone number and identity of contact person(s) shall be made in writing, and may be made without formal amendment of this Deposit Agreement. WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date of execution by the BOCC, as beneficiary, noted below. ATTEST: .4-ov�, M C rk to the .e. d_ TDA - Undated 03/09 BENEFICIARY: ARD OF CO/NTY COMMISSIONERS GA FIELD CCOLORADO DEPOSIT GARFIELD OUNTY TI:'ER By: Georgia Chamberlain, Treasurer Date: 44- (o-1.011 DEPOSITOR/OWNER: Page 5 of 6 • • 1111 Rrili llOWBC I4004L 1 ' C110: Ll iKlu Reception#: 802093 05/03/2011 12:28;02 PM Jean Rlberico 6 of 7 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO State of Colorado ) )ss. County of Garfield ) 1111 EL Ifi r Aihr 11 II I Reception#: 802094 05!03/2011 12:28:02 PM Jean Alberico 32 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Date:" 1"' 11 Subscribed and sworn to before me this 41 day of 2041 , by j2.oc fah-hit>11t, C aba.s>i 0"c4 Ma Ano Eta -boss; Witness my hand and official seal. My Commission expires: g ct�2�12, AIL RECEIPT Check No. Cash 5 04.0 ; or Notary ublic Form W-9: Received By: Print Name: &e.o, a Cita vi,..l v -('a Tit 1 e : LL -14 tm 1 Tv'- d .. 5zuA QJZJ Office of the Treasurer Date: Form 1099 shall be sent to: MyFiles/PLAN/2009 FORMS/2009 TDA REVEG TDA - nnriata-1 111i114 4' 1-4 Page 6 of 6 i • • 1111 roomy,' inn Lirri 'In rei 11111 Reception#: 802094 05/03/2011 12:25;02 Ptl Jean Rlberico 34 of 37 Rec Fee:$0.00 Doc Fee:0.00 GPRFIELD COUNTY CO EXHIBIT D WRITTEN REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Partial Completion and approve a reduction in the face amount of the Letter of Credit in the amount of $ to a reduced face amount of $ Attached is the original cost estimate and certified work completed schedule showing: Cost Estimate Work Completed (less 10%) Reduced Face Amount of LOC Based upon periodic observation and testing, the construction has been completed, to date, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact at Owner's Representative/Engineer 1111 ii�'�1�4#irJ80G1?� � � .1 4rh l lwi'�. I 1111 WA 1 i�'�YO� g U��,�i�,�` 11/1+0Cl�i4� Nisi 1I II1 05103/2011 12:28:02 PM Jean Rlberico 05!03!2011 12:28:02 PM Jean Alberico 7 of 7 Rec Fee; $0.00 Doc Fee:0.00 GPRFIELD COUNTY CO 3 33 of 37 Rec Fee:$0.00 Doc Fae:O.00 GARFIELD COUNTY CO EXHIBIT X A. REQUEST FOR FINAL RELEASE OF REVEGETATION LEITER OF CREDIT/TREASURER'S DEPOSIT AGREEMENT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of revegetation work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Completion and approve cancellation and full release of the Treasurer's Deposit Agreement and the funds held thereby. Attached is the original cost estimate and certified work completed schedule showing that revegetation required by the Subdivision Improvements Agreement and secured by the Treasurer's Deposit Agreement has been completed. Based upon periodic observation and testing, the revegetation has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact at Owner's Representative/Engineer • • 1111 RIlhlr it Nit1/211trinti IffiNWIAM 41.4 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 35 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT E REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Final Completion and approve cancellation and full release of the Letter of Credit. Attached is the original cost estimate and certified work completed schedule showing that all improvements required by the Subdivision Improvements Agreement and secured by the Letter of Credit have been completed. Based upon periodic observation and testing, the construction has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact at Owner's Representative/Engineer • • ■III illiraNnair NOM AferNirn 1n Reception#: 802094 05/03/2011 12:28:02 PM Jean A1berico 35 or 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT F REQUEST FOR FINAL RELEASE OF REVEGETATION LETTER OF CREDIT/TREASURER'S DEPOSIT AGREEMENT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of revegetation work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Completion and approve cancellation and full release of the Treasurer's Deposit Agreement and the funds held thereby. Attached is the original cost estimate and certified work completed schedule showing that revegetation required by the Subdivision Improvements Agreement and secured by the Treasurer's Deposit Agreement has been completed. Based upon periodic observation and testing, the revegetation has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact Owner's Representative/Engineer 1111 M6 COMPSAIIICIAll U 111 Reception#: 802094 05103/2011 12:26:02 PM Jean Rlbericc 37 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT G NOTICE TO POTENTIAL PURCHASERS OF LOTS Please be advised of the following restrictions on building permits and certificates of occupancy: 1. The Board of County Commissioners of Garfield County may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision for violation of the Subdivision Improvements Agreement for the Old Orchard Subdivision between the Board of County Commissioners and Roc Gabossi and Mary Ann Gabossi recorded as Reception No. in the Office of a Garfield County Clerk and Recorder. 2. No building permit shall be issued unless Roc Gabossi and May Ann Gabossi demonstrate to the satisfaction of the Glenwood Springs Rural Fire Protection District, if the District has so requires, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. 3.No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation have been completed and are operational and all requirements of the Preliminary/Final Plan Approval have been satisfied as required by the Subdivision Improvements Agreement. 4. No additional building development on Lot drainage/debris flow analysis has been performed. upon specific recommendations derived from drainage/debris flow analysis shall be supplied to application for Lot 1. 1 shall be permitted until an additional Additional development may be permitted the drainage/debris flow analysis. The Garfield County with any building permit 1111 ! ♦ Pi 11111 Reception#: 802095 05103f2011 12:28:02 PM Jean R1berico 1 of 7 Rec Fee:$41.MO Doc Fee:0.02 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS OLD ORCHARD SUBDIVISION Garfield County, Colorado THIS DECLARATION OF COVENANTS is made and entered into by Roc Anthony Gabossi and Mary Ann Gabossi (collectively "Declarants") on the day and year hereinafter set forth. WITNESSETH: Declarants, owners in fee of that real property described as Lot 1, Lot 2, Lot 3 and Lot 4 of Old Orchard Subdivision, Garfield County, Colorado, as described in the Final Plat of Old Orchard Subdivision recorded as Reception No.$O Oda in the Office of the Garfield County Clerk and Recorder, desire to subject and to place upon that real property certain covenants, conditions and restrictions set forth herein, for the purpose of protecting the value and desirability of said property, for purpose of furthering the development of the property and in order to comply with conditions of approval of Garfield County for Old Orchard Subdivision. NOW, THEREFORE, THE UNDERSIGNED hereby declare that Lot 1, Lot 2, Lot 3 and Lot 4, Old Orchard Subdivision, shall be held, sold and conveyed subject to the following covenants and conditions: ARTICLE 1 Single Family Residential Use 1.1 The Lots in Old Orchard Subdivision are developed for single family residential purposes only with all structures designed to blend into and compliment the natural surroundings. 1.2 Lot 1, Old Orchard Subdivision, shall be allowed to have one Accessory Dwelling Unit (ADU) in addition to the primary residential structure. ADUs have not been approved on Lots 2, 3, and 4. Owners may apply separately or a permit for an ADU under the Garfield County Land Use Resolution of 2008 or as it exists at the time of application. 1.3 In accordance with Colorado law, no structure shall be erected outside the Building Envelope on any Lot as defined and described in the Plat as to (1) preserve the use, enjoyment and access of every other occupant of the Subdivision; (2) keep traffic flow amiable for construction, road construction, entering and exiting the property; and (3) promote neighborly conduct. 1.4 No structure shall be placed or located on any Lot in such a manner that will obstruct, divert or otherwise alter the natural water drainage courses and patterns. 1.5 The minimum size of each primary residential structure erected shall be not less than two thousand four hundred (2,400) square feet measured on the outside foundation walls, exclusive 7 ■III Li 'i ' '1 I� RI 11111 Reception#: 802095 OS/03/2011 12:28:02 PM Jean Rlberico 2 of 7 Rec Fee:$41.00 Doc Fee:0.SO GARFIELD COUNTY CO of open porches, garages, carports or barns. Any accessory dwelling unit (ADU) shall be limited to one thousand five hundred (1,500) square feet measured on the outside foundation walls. 1.6 All structures shall be constructed of either brick, stone, lumber or a combination thereof. Stucco exterior covering is allowed. The use of cinder block shall not be allowed unless it is faced with another material herein approved. United States Forest Service and Colorado State Forester Wildfire Prevention guidelines should be incorporated into residential site planning and design. 1.7 Barns used for housing of animals permitted by Article 3, below, and other agricultural activities shall be allowed on each lot. Any accessory structures shall be designed to blend in and compliment primary residential structures. 1.8 No structure of a temporary character, trailer, basement, tent, shack or any other outbuildings of any description shall be used on any Lot, except on a temporary basis, not exceeding twelve months, by the construction company constructing a dwelling on a Lot. 1.9 No additional building development on Lot 1 shall be permitted until an additional drainage/debris flow analysis has been performed. Additional development may be permitted upon specific recommendations derived from the drainage/debris flow analysis. The drainage/debris flow analysis shall be supplied to Garfield County with any building permit and/ or Land Use Change Permit application for Lot 1. 1.10 An engineered soils report by a Colorado licensed engineer shall be completed for the foundation design of all buildings. ARTICLE 2 Utility Lines and Roadways 2.1 No new gas lines, telephone lines or television cable shall be permitted unless said lines are buried underground and out of sight from their primary source at the Lot line to the dwelling and at the Owner's expense. 2.2 Access to and from Lots, 2, 3 and 4 is pursuant to a private access roadway as detailed in the Declaration of Private Roadway and Utility Easements and Maintenance Obligations filed concurrently herewith. Access to and from Lot 1 is pursuant to a private driveway or a private access roadway as detailed in the Declaration of Private Roadway and Utility Easements and Maintenance Obligations filed concurrently herewith. Specifically, the existing access (mp 109.96) for Lot 1 (44523 Highway 6) shall remain until Lot 1 either redevelops (changes use in accordance with the State Highway Department of Transportation Access Code) or if Lot 1 subdivides then the existing access shall be closed to Lot 1 and Lot 1 shall us the private access roadway (mp 109.8 access point) for Lots 2, 3, and 4. The existing access point (mp 109.96) may become an emergency access for fire protection and provide access for maintenance of the William Canal and the Bowles Pond. ■lll Fl4i1itrili iilWif,I4KGC4 14Hil iii 11111 Reception#: 802095 035o0f00Doc 37 Rec Fee?/2011 $4i?�eFFee:06001GARFIELD COUNTY CO ARTICLE 3 Pets and Animals 3.1 All animals, including dogs and cats, must be kept within the boundary of each Lot and under the control of the Owner. All animals must be so maintained that they do not become a nuisance or annoyance to the neighborhood so as to unreasonably interfere with or disturb the use, enjoyment and access to any other occupant of the Lots. Permitted domestic animals shall not run at large, endanger or harass other animals, including wildlife, upon neighboring lands and public domain. 3.2 Lots 1, 2, 3 and 4 will be limited in the number of ranch -type animals permitted to be kept on the property to a maximum of two horses. ARTICLE 4 Fireplaces 4.1 No open hearth, solid -fuel fireplaces will be allowed on any of the lots. One new solid -fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., and regulations promulgated thereunder, shall be peunitted in a dwelling unit. Dwelling units shall be permitted an unrestricted number of natural gas or propane burning stoves and appliances. ARTICLE 5 Lighting 5.1 All exterior lighting on the Lots shall be the minimum necessary and that all exterior lighting shall be directed downward and toward the interior of the subdivision except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. ARTICLE 6 Agricultural Living 6.1 Colorado is a "Right -to -Farm" State pursuant to C.R.S. § 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as part of a legal and non -negligent agricultural operations. It should be understood that farming and ranching operations will continue on Lot 1 to include, but not be limited to raising of ranch type animals (i.e., horses). ■ i I rartivi va. 10:1101102A10.104, 11II1 Reception#: 802095 05!03/2011 12:28:02 PM Jean fllberico 4 of 7 Rec Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO 6.2 All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 6.3 All owners of Lots, as well as their invitees and agents, shall respect the rights of neighboring property owners and all posted "no trespassing" and "no hunting" signs. ARTICLE 7 Domestic and Irritation Water 7.1 The domestic water supply for the primary residence for Lot 1 is supplied from an individual domestic well. The domestic water supply for the primary residence on Lots 2, 3, and 4, and the ADU on Lot 1 is supplied from Bowles Well No. 2, a shared domestic well pursuant to the Declaration of Water Well Water Use and Maintenance. Bowles Well No. 2 has a long term yield of 10 gpm and can be pumped at a rate of 15 gpm. The well pump shall provide 15 gpm at a total dynamic head of 200 feet. The water system shall have a central pump house control facility with at least 40 gallons of pressurized storage. The well pump shall be controlled by a pressure switch that operates between 30 psi (pump on) and 50 psi (pump off). The service line to each lot shall be 1 -inch diameter pipe with a 2 gpm Dole flow control orifice valve. Each house will provide a minimum of 150 gallons of storage and a booster pump to pressurize the house. The storage tanks shall have a low level float control to activate an automatic valve on the supply line from the well. The low level float control shall activate the valve at a maximum drawdown of 25 gallons of storage. Bowles Well No. 2 is augmented by the Bowles Diversion and Bowles Pond, First Enlargement, as more specifically set forth in the Declaration of Well Water Use and Maintenance the Association shall be responsible for determining the timing and extent of construction, cleaning, maintaining, repairing, and operating the Bowles Diversion and Bowles Pond and their appurtenances. The Owners of Lot 1 shall be responsible for implementing the construction, cleaning, repair, maintenance, and all other operation activities as agreed upon by the Association; provided, however, that if the Owners of Lot 1 do not act in a timely manner, the Association may take any action necessary to ensure the continued operation of the Bowles Diversion and Bowles Pond, First Enlargement as set forth in the Declaration of Well Water Use and Maintenance. 7.2 The irrigation water rights used on the Lots shall be supplied from water rights decreed to the Williams Canal Company and owned by the Old Orchard Subdivision HOA. The irrigation water rights shall be governed by the Rules and Regulations of the Williams Canal Company as they apply to the use and enjoyment of the irrigation water as well as the Declaration of Irrigation Water Use and Maintenance filed concurrently herewith. 4 ■IIl Nom1mil:elm irioni 11111 Reception#: 802095 05/03/2011 12:28:02 PM Jean Rlberico 5 of 7 Rec Fee:$41.00 Doo Fee:0.00 GARFIELD COUNTY CO 7.3 The distribution of irrigation water, from the Williams Canal, is conveyed via irrigation ditches, as indicated on the Old Orchard Subdivision Final Plat. The Williams Canal irrigation water is diverted from Williams Canal and conveyed through a 24 inch Corrugated Metal Pipe (CMP) located on Lot 1. The CMP daylights into an irrigation ditch that continues in a northwest direction through Lot 2 and Lot 3. The irrigation water is diverted to the remainder of the property in the northeast portion of Lot 3. The irrigation ditch that serves Lot 1 originates in the northeast portion of Lot 3, continues in a southeasterly direction through Lot 2 until it crosses the property line of Lot 1. The irrigation ditch that serves Lot 2 originates in the northeast portion of Lot 3 and continues in a southeasterly direction through Lot 3 until it crosses the property line of Lot 2. The irrigation ditch that serves Lot 3 originates in the northeast portion of Lot 3. The irrigation ditch splits into two (2) separate ditches. One ditch continues in a southeastern direction while the other ditch continues in a westerly direction. The irrigation ditch that serves Lot 4 intersects the aforementioned irrigation ditch on Lot 2. The ditch continues west and is intersected by a 12 inch CMP that conveys the irrigation water underneath the Old Orchard Drive and daylights on the north property line on Lot 4. The Old Orchard Subdivision Homeowners Association shall be responsible for diverting the proportionate share of irrigation water to each lot. ARTICLE 8 Individual Sewage Disposal System Maintenance 8.1 Each residence shall contain at least one fully equipped bathroom, and all sewage shall be disposed of by means of an individual sewage disposal systems ("ISDS") which shall be approved by the Colorado State Health Department and local health agencies having jurisdiction thereof. Owners shall maintain such treatment facilities in good operating condition. 8.2 Each ISDS shall be designed by a professional engineer registered in the State of Colorado, pursuant to C.R.S. § 12-25-111 and shall adequately address the soil percolation conditions present at the Lot site. ARTICLE 9 Individual Fire Protection System 9.1 There shall be an automatic fire suppression system installed in all new residences, including ADUs, constructed in the Old Orchard Subdivision. The systems shall be designed according to NFPA 12D or NFPA 13R standards. The flow and control valves on the systems shall be monitored by a fire alarm system that is monitored by an independent UL Listed Central Station monitoring company. 5 ■111 W{ rIIly, IWI+,UI NI N161141CI iE1IE 11 +i 1rig MI41111 Reception#: 802095 05/03/2011 12:28:02 PM Jean Pibericc 6 of 7 Rec Fee:$41.00 Doc Fee:0,00 GARFIELD COUNTY CO ARTICLE 10 Conditions of County Approval 10.1 The use of all Lots shall be in strict accordance with the conditions of approval and Plat restriction contained in the County Resolution approving the Old Orchard Subdivision including, but not limited to, the Wildland Fire Home Fuel Mitigation Plan and the Weed Management Plan approved by the Weed Management Director of Garfield County. All owners of Lots shall use and occupy their respective Lots in confol nity with all governmental regulations applicable thereto. The Old Orchard Subdivision HOA is responsible for weed management on the private roadway. ARTICLE 11 Re -Subdivision Prohibited 11.1 Re -subdivision of any Lot is prohibited unless the subdivision process through Garfield County is completed. ARTICLE 12 Enforcement/Homeowners Association 12.1 Declarants hereby declare themselves to be an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act, known as the Old Orchard Subdivision Homeowners Association for the purposes stated herein. Each Lot shall have one vote in the Old Orchard Subdivision Homeowners Association. The Old Orchard Subdivision Homeowners Association shall be responsible for enforcing and acting upon the covenants, terms, conditions and provisions contained herein. If, however, the Association fails to take action, these covenants, terms, conditions and provisions may be enforced and acted upon by the owner of any of the Lots, their successor and assigns. In the event legal proceedings are brought against any party for the purpose of such enforcement or action, the prevailing party shall recover from the non -prevailing party all costs associated therewith including, but not limited to, reasonable attorney's fees. ARTICLE 13 Governing Law 13.1 This Declaration shall be construed and governed under the laws of the State of Colorado. ARTICLE 14 Severability 14.1 Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or portion hereof shall not affect the validity or enforceability of any other provision. 6 11111n FVIVI iAL meGM1el 'r i r i s 111111 Reception#: 802095 05/03/2011 12:28:02 PM Jean Rlberico 7 of 7 Rec Fee:$41.00 Don Fee:0.00 GARFIELD COUNTY CO ARTICLE 15 Term of Declaration 15.1 Unless amended, each and every term, covenant, condition and restriction contained in this Declaration shall run with and bind the land but may, at any time, be amended or terminated by unanimous vote of the owners of each of the lots within the Old Orchard Subdivision, with the approval of the Board of Commissioners of Garfield County, Colorado so long as the ownership and maintenance obligations of the domestic and irrigation water rights, shared water system, ditch easements, private access roadway and other HOA assets are addressed thereby. ARTICLE 16 Binding Effect 16.1 This Declaration shall be binding upon and inure to the benefit of Declarants and their successors in interest and ownership of Lot 1, Lot 2, Lot 3 and Lot 4, Old Orchard Subdivision, and to any person or entity having any right, title or interest in either of said Lots, or any part thereof, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing Declaration of Protective Covenants for Old Orchard Subdivision shall be effective this day of , 2011 DATED this 4 day of kievA , 2011. ) A.‘,4L Roc Anthony Gabos ' M Gabossi STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 4 day of , 2011, by Roc Anthony Gabossi and Mary Ann Gabossi. Witness my hand and official seal. My commission expires: 9 o la 7 ■111'��ill��hlW�ti�,�li�,1G��41i'IrIYIW�r�h+l�+� tl III Reception#: 882056 (35!03!2011 12:28:02 PM Jean filberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO DEED OF EASEMENT THIS DEED OF EASEMENT , made this 4 day of , , 2011, between Roc Anthony Gabossi and Mary Ann Gabossi of the County of Garfiel and the State of Colorado, grantors, and Old Orchard Subdivision Homeowners Association, whose address is 44523 Highway 6, Glenwood Springs, Colorado 81601, of the County of Garfield and State of Colorado, .grantee. WITNESSETH, that grantors, for and in consideration of the sum of Ten ($10) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby GRANTS unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which grantors have in and to the following: A non-exclusive 40 foot easement upon, over and across those portions of Lots 2, 3 and 4 and a non-exclusive 30 foot easement upon, over and across that portion of Lot 2 according to the final plat of OId Orchard Subdivision recorded in the Office of the Garfield County Clerk and Recorder as Reception No. ctUa iga, designated as Ingress, Egress and Utility Easement for, installation, access, use, maintenance, repair, service and replacement or ingress, egress and utilities; provided, however, that appropriate public utility companies may utilize said easement as a utility easement and that alI emergency vehicles may make use of such easement in all reasonable circumstances. A non-exclusive 10 foot easement upon, over and across those portions of Lots 1, 2, 3 and 4 according to the final plat of Old Orchard Subdivision recorded in the Office of the Garfield County Clerk and Recorder as Reception No.T5UaG6id-- designated as Irrigation Ditch Easement for installation, access, use, maintenance, repair, service and replacement for provision of William Canal Company irrigation water. A non-exclusive 20 foot easement upon, over and across that portion of Lot 1 according to the final plat of Old Orchard Subdivision recorded in the Office of the Garfield County Clerk and Recorder as Reception No. ¶vasa designated as Ditch Access Easement for the access, use, maintenance, repair, and service of the Williams Canal and for the benefit of the Williams Canal Company. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. Roc Anthony Gabossi STATE OF COLORADO COUNTY OF GARFIELD ) ss. Mary Gabossi The foregoing instrument was acknowledged before me on this 4 day of , 2011, by Roc Anthony Gabossi and Mary Ann Gabossi. Witness my hand and official seal. My commission expires: Wrir Notary ' ublic 1111 in 111:111Kii,'.14LIM11111.Ii1'1N1fWilli1�1i'lliliiii 11111 Reception## : 797208 01/1212011 01:10:47 PM Jean Rlberico 1 of 6 Reo Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO Property Mgmt. No.: / Project No.: FAP 145D Parcel ID: N/A Location: 44525 Hwy 6, Glenwood Springs 1 NW 1/4 Sec. 35, T. 5 S., R. 90 W., 6"' P.M. ENCROACHMENT LICENSE THIS AGREEMENT, made and entered into in triplicate this ZQ.day of ,n0-1.-- , 20/d, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation, the Licensor and Roc Anthony Gabossi and Mary Ann Gabossi, the Licensee, WITNESSETH WHEREAS, the Licensor is the owner of certain real property heretofore acquired as right of way for a public highway constructed as Project F OO1-1(19), now occupied and used as State Highway No. 6, and WHEREAS, the Licensee is the owner of a fresh water pond now found to encroach upon said right of way, and WHEREAS, it is the desire of the parties hereto to provide for the temporary occupancy by the Licensee of the land in said right of way so encroached upon until the same shall be terminated by the Colorado Department of Transportation; the above stated Licensee no longer owns the encroaching improvements or until an overt act by the Licensee, shall cause the cancellation of this License. NOW THEREFORE BE IT KNOWN, that in consideration of the sum of Two Hundred Fifty Dollars ($250.00) to the said Licensor paid by the Licensee, receipt whereof is hereby confessed and acknowledged, and in further consideration of the conditions herein written, to be kept by the parties hereto and their respective heirs, and successors, the Licensor does hereby LICENSE AND LET unto the Licensee, the following right of way as shown on the map attached hereto, and made a part hereof and marked " Exhibits A ", consisting of three (3) sheets . This License is made and accepted subject to the following conditions: 1. This License may be terminated by the Licensor upon ninety (90) days notice in writing to the Licensee, whenever, at the sole discretion of the Licensor. This License is also terminated as of the date the Licensee no longer owns the encroaching improvements. The Licensee shall be solely responsible for any costs generated and resulting from termination of this License. 2. The Licensee may occupy the Licensed Premises until at such time it is canceled per paragraph one, unless sooner canceled, but no additions will be permitted to be made to existing structures. In case of partial or total destruction of such existing structures by fire, windstorm, or other disaster or by riot or insurrection, no reconstruction, remodeling or rehabilitation will be permitted without written approval of Licensor; but nothing herein contained shall be construed as denying the Licensee the right to perform normal maintenance. 3. Buildings, structures, improvements located upon the Licensed Premises and owned by the Licensee may be removed by the Licensee during the term of this License, or any extension hereof, or within sixty (60) days after service of notice to vacate as herein provided. 4. The Licensee shall not perform any acts, nor shall the Licensee permit the performance of any acts upon the Licensed Premises which are contrary to the laws of the United States, statutes of 1 of 6 Rev. 6/98 ■Ill rii 111Milt,' PE Nil.l IIY'fl WIT 11111 Reception#: 797208 01/12/2011 01:10:47 PM Jean Plberico 2 of 6 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO the State of Colorado, ordinances of the Municipality, and breach of this condition shall constitute cause for immediate revocation of this License and all Licensee's rights hereunder shall thereupon cease. 5. The Licensor owes no duty to protect the Licensee from damage resulting from construction, maintenance, or other operations carried on in connection with said highway, and Licensor shall not be held liable for such damage. 6. The Licensee shall save and hold harmless, the Licensor from any liability for damage to persons or property resulting from occupancy of the Licensed Premises evidenced by current P.L. & P.D. policy in the amounts specified under Item 7. 7. Hold Harmless and Insurance. The Licensee shall save, indemnify and hold harmless the Licensor and FHWA for any damage or loss to persons or property resulting from Licensee's occurrence or use of the Licensed Premises and shall purchase general liability and property damage insurance in the amount of not less than $150,000.00 per person and $600,000.00 per occurrence. In order for this License to be executed, Licensee must provide a Certificate of Insurance listing the Colorado Department of Transportation as Certificate Holder and additional insured. The Certificate of Insurance must also evidence that the Certificate Holder will be provided a 45 — day written notice by certified mail of cancellation or non -renewal of the policy. The above insurance requirement must be in effect during the entire term of the license. Licensee shall at its sole cost and expense, shall obtain insurance on his inventory, equipment, and all other personal property located on the Licensed Premises against loss resulting from fire or other casualty. An annual Certificate of Insurance must be kept on file for the Perm of this License, and should be mailed to: COLORADO DEPARTMENT OF TRANSPORTATION Maintenance & Operations Branch Property Management Section 15285 S. Golden Road, Building 47 Golden, Colorado 80401 8. Licensee shall not assign this License without specific written permission of the Licensor. 9. The Licensee agrees to defend, indemnify and hold harmless the Licensor and any employees, agents, contractors, and officials of the Licensor against any and all damages, claims, liability, loss, fines, or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this License Agreement, which contaminants or hazardous materials the Licensee or its employees, agents, contractors or officials have caused to be located, disposed, or released on the property. 10. The Licensee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 11. Upon the transfer of title of this property, this License is null and void, and new owner must reapply for said License. 12. This License will be recorded in the Garfield County Colorado real estate records to put future buyers/ users on notice of this license. 2of 6 Rev. 6/98 ■ILII '♦ICll 111111:1II1CIAR CAIN 4 'OW4 04 11111 Recept ion## : 797208 01/12/2011 01:10:47 PM Jean R16erico 3 of 6 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO WITNESS WHEREOF, the undersigned execute this lease as of the day and year first above written. LICENSEE: By: Roc Anthony qesbossi Title: Owner Address: 44523 Highway 6 Glenwood Springs, CO 81601 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss LICENSEE: By: Mary Ann GAossi Title: Owner Address: 44623 Highway 6 Glenwood Springs, CO, 81601 The foregoing lease was subscribed and sworn to before me this o� day of, I) e c e6 2O D , by Roc Anthony Gdbossi and Mary Ann Geatbossi Witness my hand and official seal. My Commission expires 89/ /Q-01 ATTEST: Be ardt K. Rasmussen Chief Clerk Address: Sof 6 Notary Public OLP U ASTife c-- tJ !(s°rs r Lt� � Go S - c ro 7 LICENSOR: STATE OF COLORADO DEPARTMENT OF T ,,,� S PORTATI ON I ( . 4�'YUR a ` tet. Pamela Hutton, P.E. Chief Engineer Rev. 6/98 12 .l 111111 i Mill 11111 17. Reception#: 797208 01/12/2011 01:10:47 PM Jean Alberico 4 of 6 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO t; 7 ;• 1 . •• ' i. - ,r - y t � W' / G3 5E O 0 0 c J W t �G.4i•a 24:141F I kl r YtNFT r Tsi. 1i1:1.I_TIn! Fi 00 VD 4 ■III r,inni r'il .i rr, riglf1C141.1iIiii 11111 Reception#: 797208 01/12(2011 01:10:47 PM Jean Rlberloo 5 of 6 Ren Fee:$51.00 poo Fee:0.00 GARFIELD COUNTY CO • M U- 0 0 CO N H 2 ujW W = w alallPaallaamaa a..^i Wail, wilt i:C. ul -^-i—Y= • • '•"a -Ri:a j.nM 'a Kev. 0/Yo 0 O (y _ 11111.11 �� i1111118 g gm e 1 to.: * �' P4 BIMINI � j• !!J / t f r _. J. i._.liminmiliduinws. 8 Lion of aachmf ii t ! d 1 . 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NAMW'R�^AE*fib r \ N. 7,11 ,11 1 •i I � ,�. �Pm f I al ,. z 5,41 4 — w alallPaallaamaa a..^i Wail, wilt i:C. ul -^-i—Y= • • '•"a -Ri:a j.nM 'a Kev. 0/Yo 0 O 1I11 P:ril n�1w��,1��� I4N1 W,10 Pi 11111 Reception#: 797208 01/12/2011 01:10:47 PM Jean Plberico 6 of 6 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO 2 2 8 2 2 2 N 2 2 5 2 } 0 7.4 0 4 pF 2 m2 m 5 2 0 2 2 2 2 2 2 0 0 0 0 2 3 0 F P 4 w 8I 0. 8 w 0 2 2 0 0 8 2 2 2 2 2 5 M1 s a 0 6 6 6 2 8 0 0 2 4 8 0 R m B 0 8 4 E", J J 2 2 5 J i 2 2 i 2 0 2 Z 8 2 4 2 2 0 F 2 2 0 8 0 2 8 6 n 2 2 2 ),EC 2.92.02.0011 U 001.6Nib 0 2 9 Dais: 12/irlay/2016 .dw0 films 99.O6@.0O7 z y2 0 a 0 Drawn 8y 5. Phelps 1111 'kW I :h40611Ehile1riMD WA 11 11 1 Reception#: 802102 05!0312011 12:28:02 PM Jean Rlberico 1 of 4 Ren Fee:$26.00 Doc Fee:0,00 GARFIELD COUNTY CO Property Mgrnt. Project No,; FAP '145DD Parcel ID: N/A Location:44525 Hwy 5, Glenwood Springs" NW 1/4 Sec. 35LT. 5 S., R. 90 W., 6"' P.M. ENCROACHMENT LICENSE 11418 AGREEMENT, made and entered into in triplicate this le day of ' eeze.. k , 2 01A3 by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation, the Licensor and Roc Anthony Gabossi and Mary Ann Gabossi, the Licensee, WITNESSETH WHEREAS, the Licensor is the owner -0f certain rea't propel heretofore acquired as right of way fora public highway constructed as Project fF• 0O1-1(19), now occupied and used as State Highway No. 8, and WHEREAS, the Licensee is the owner of a fresh water pond now found to encroach upon said right of way, and WHEREAS, itis the desire of the parties hereto to provide for the temporary occupancy by the Licensee of the land in said right of way so encroached upon miff the seine shall be terminated by the Colorado Department of Transportat'rore the above stated Licensee no longer owns the encroaching improvement%or uncal an overt act by the Licensee, shalt causethe cancellation of this License. NOW THEREFORE BE IT KNOWN, that in consideration of theszrin of Two Hundred Fifty Dollars ($2510.00) to the said Licensor paid by the Licensee, receipt whereof is hereby confessed and acknowledged, and in further consideration Grote dons herein written, to be kept by the parties hereto and their respective hem, sect suecessors. the Licensor does hereby LICENSE AND LET unto the Licensee, the following right efway as strewn on the reap attached hereto, and made a part hereof and marked " Exhibits A ; conSistmg of three (3) sheets . This License is made and accepted subject to the following conditions: 1. This License may be terminatedby the Licenser upon ,linen, (90) days notice tit writing to the Licertsee, whenever, at the sole discretion of the Licensor This Lim is also terrninatedd as of the date the Licensee no longer ()waste encroaching improvements. The. Licensee shall be solely responsible for any costs generated and resulting from termination °fthis License. 2. The Licensee may occupy the Licensed Premises. until at such time it is canceled per paragraph one, unless sooner canceled, but no additions will be permitted to be made to existing structures. In ease of partial or tote destruction of such e;dstingstructures by. Erre, windstorm, or other disaster'orley not orinsurrection, no reconstruc on., romod rtgoirehabilitatiorrwrll be permitted without written approval of Licensor; but nothing hernia contained shag be. construed as denying the Licensee the right to perform normal maintenance. 3. Buildings, structures, improvements located upon the Licensed Premises and owned by the Licensee may be removed by the Licensee during the term of this License, or any extension hereof, or within sixty (60) days after service of notice to vacate as herein. provided. 4_ The Licensee shall not perform any acts, nor shall the Licensee permit the perforrnanee of any acts upon the Licensed Premises which are contrary to the laws cif the United States, statutes of of 6. Rev. 6/98 1111 Mi 111Al KU AIM lulrili'a1'i,I41 1! 111 Reception#: 802102 05103/2011 12:28:02 PM JeanGiber/co 2 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO the State of Cateredo, ordinances of the Municipality, ancf breach of this condtilion shall constitute cause for immediate revocation of this License and all Licaensee's rights hereunder shall thereupon cease. 5. The Licensor owes no duty to protect the Licensee from damage resulting from construction, maintenance, or other operations carried on in connection with said highway, and Licensor shall not be held liable for such damage. 6. The Licensee shalt save and hold harmless, the Licensorfrom any liategy for damage to persons or property resulting: from occupancy of Licensed Premises evidenced by current RL. FPD pelley re -a 7. Hold Harmless and Insurance. The Licensee shall save, indemnify and hold harmless the Licensor and FHWA for any damage or loss to persons or property resulting from Licensee's occurrence or use of the Licensed Premises and shall purobase general liability and property damage insurance in the amount of not less than. $150,000.00 per person. and $600,000.00 per occurrence.._ In..orderforthis_License to be executed, Licensee must probe a Certificate of Insurance listing the Colorado, Department ofTransporfat"rorr as Certificate Header and additional insured. The Certificate of irrscr rteo•rnust also evicfencetfiatthe- Cetfi e<t olaerw will be provided a 45 — day written notice by certified mail of cancellation or non -renewal ofthe policy. The above insurance requirement must be in effect during the entire term of the license_ Licensee shall at es sole cost and expense, shall obtain insurance on his inventory, equipment, and all other personalproperty boated on the Licensed. Premises against loss resulting from fire or other casualty. An annual Certificate of Insurance crust be kept on frtefor the.term of this License, and should be mailed to: COLORADO DEPARTMENT OF TRANSPORTATION Maintenance & Operations Branch Property Management Section 15285 S.. Golden Road, Building 47 Gorden, Colorado 80401 8. Licensee shall not assign this License without speciffo written permission of the Licensor. 9. The Licensee agrees to defend, indemnify and hold harmless The Licensor and any employees, agents, contractors, and officials of the licensor against any and all damages, claims, liability, loss, fines, or expenses, including aiiomey's fees and litigation costs, related to the presence, disposal, release or clean-upof any contaminants, hazardous matedalsor pollutants on, over, under, from or affecting the property sebiect to this License Agmement, which contaminants or hazardous materials the Licensee or its employees, agents, contractors or Diktats have caused to be located, disposed, or released ortthe property. 10. The Licensee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 11. Upon the transfer o€tftfe of this property, this License is null and void, and new owner must reapply for said License, 12. This License will be recorded in the Garfield County Colorado real estate records to put future buyers/ users on notice of this license. 2of Rev. 6/98 1111 Ilii h ierqr:101461.14.1fIli 11 11 Reception#: 802102 05!0312011 12:28:02 PM Jean nlberico 3 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO WITNESS WHEREOF, the undersigned execute this lease as of the day and year first above written. -LICENSEE. LICENSEE: By: Roc Anthony bossy By Mary Ann G7irbossi Title: Owner Title: Owner Address: 44523 Highway 6 Address: 44523 Highway 6 Glenwood Springs, CO 81601 Glenwood Springs, STATE OF COLORADO ) )sa COUNTY OFGARPIELD ) CO, 81601 The foregoing lease was subscribed and sworn to before me this oA day of, P e ee 2©,10 , by Roc Anthonyboss and Mary Anrr Gobassi Witness my hand and official. seal. My Commission expires! a ATTEST: Berihardt K Rasmussen Chief. Clerk Address: i ary Pubic 010d )ST -' 146"."C(Qc.17 LICENSOR: STATE OF COLORADO DEPARTMENT OF TSPORTA.TION a ,)1. Pamela Hutton, P. E. Chief Engineer 3o€ 6 Rev. 6/98 11111 Fri raikAriii,#h,11011,IeG ;liVIG.1rii f ll 1111 Reception#: 802102 05/03/2011 12:28:02 PM Jean Rlberico 4 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO •A -r . _r •r. • . i • 3 414 3e,,y +�! 4 ',yh. -. It `'. `xn� / J SAS 1tit I'liZuk N• x RC-. Y ti;• •• .. r 7 .y 3 t ar Iar P - •A, h. h ►fes fr.c.s; i s"°" . � qvir Yui -az'11.71:6" PeAli 1111 prii MAIM hgr 14112V14111#11,411, iUri11, 11111 Reception#: 802099 05/0312011 12:28:02 PM Jean Riberico 1 of 4 Rec Fee:$26 00 Doc Fee:0.00 GARFIELD COUNTY CO DECLARATION OF IRRIGATION WATER USE AND MAINTENANCE `� THIS DECLARATION is entered into on this 4day of �-� �-,` � 2011, by Roc Anthony Gabossi and Mary Ann Gabossi ("Declarants") whose address is 44523 Highway 6, Glenwood Springs, Colorado, 81601. WHEREAS, Declarants are the owners in fee of that real property described as Lots 1, 2, 3, and 4, Old Orchard Subdivision, Garfield County, Colorado. Said Lots 1, 2, 3, and 4 are referred to hereinafter as "the Lots"; and WHEREAS, Declarants also are the owners of 5.535 shares of the Williams Canal Company which provides irrigation water to the Lots ("the Irrigation Water") which is subject to the Articles, Bylaws, Rules and Regulations of Williams Canal Company; and WHEREAS, by this Declaration, it is the intent of the Declarants to establish a regime governing the joint use of the Irrigation Water by the future owners ("the Owners") of the Lots. NOW THEREFORE, Declarants set forth the regime governing the joint use of the Irrigation Water by the Owners of the Lots as follows: 1. Declarants have previously formed the Old Orchard Subdivision Homeowners Association, a Colorado unincorporated non-profit association, ("the Association") for the purpose of enforcing the covenants, conditions, terms, and provisions of the Protective Covenants of Old Orchard Subdivision, including but, not limited to, the use and enjoyment of the Irrigation Water consistent with this Declaration. 2. Declarants hereby convey to the Association and have also conveyed to the Association by Quit Claim Deed and Assignment 5.535 shares of the Williams Canal Company as well as all of Declarants' right, title and interest in and to the related ditch, headgate and divider/measuring device, lateral(s), individual measuring devices (whether existing now or to be installed at a later time) and any other structures which are jointly used by the Owners of the Lots to receive and use the Irrigation Water (the "Ditch System"). 3. Lot 1 shall be entitled to use an undivided 29% of the Irrigation Water. Lot 2 shall be entitled to use an undivided 21% of the Irrigation Water. Lot 3 shall be entitled to use an undivided 18% of the Irrigation Water. Lot 4 is entitled to use an undivided 32% of the Irrigation Water. 4. Neither the Association nor the Owners of the Lots are deemed to have any ownership right in and to any structure used or required solely by the Owner of another of the Lots. Nothing in this Declaration shall be construed to give the Association or any Owner any i111 PIA 11111 Reception#: 802099 05/03/2011 12:28:02 PM Jean Albericc 2 of 4 Rec Fee;$26.00 Doc Fee:0.00 GARFILLD COUNTY CO rights to such non -shared property of another Owner or to obligate any Owner to pay any costs associated with non -shared structures. 5. The Owners shall cooperate with the Association and each other at all times in all matters necessary to promote the proper functioning and use of the Ditch System in such manner as to provide an optimum water supply to the Lots based upon the physical availability of water. The Owners agree to use as much as possible of the allocated Irrigation Water while not wasting water and agree to endeavor to use no more than their allocated shares of the available water. At this time, it is agreed that no individual measuring devices must be installed. If at any time after the date hereof, any Owner requires that individual measuring devices be installed, then each of the Owners shall install measuring devices at his or her own expense. Waste or over -use shall be deemed to be a material breach of this Declaration for which the Association and /or the non -defaulting Owner(s) may seek remedy at law or equity for damages or for injunctive relief, or both. 6. The actual and continuing costs of construction, operation, maintenance, extension, upgrading, cleaning, repairing and all other work required on shared components of the Ditch System and the annual or special assessments and any other requirements of the Williams Canal Company necessary to cause the Irrigation Water to become and remain physically and legally available to deliver water to the Owners shall be paid by the Association and reimbursed by the Owners in the proportion that each Owner's Lot is entitled to use the Irrigation Water. Any costs which are directly attributable to the negligent or intentional act or omission of an Owner or Owners shall be allocated solely to that Owner or Owners. Such reimbursement shall be made thirty (30) days after receipt by the Owner(s) of a written statement from the Association identifying such costs. In the event an Owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the Association shall be entitled to pursue any remedy available at law or in equity for a breach. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. This Declaration shall relate only to costs incurred after the date hereof. 7. Subject to the provisions above, any Owner who has been using water from the Ditch System and at any time elects not to share in costs, necessary repairs, maintenance, replacement and the like necessary to maintain the Ditch System and deliver the Irrigation Water, shall not receive water from the system. At such time as said electing party chooses to resume use of water from the system said Owner may do so upon reimbursement to the other users the full cost of said Owner's share of such expenditures with legal interest retroactive to the expenditure date. 8. The Association is responsible for the future maintenance, operation, repair, replacement or improvement of all common facilities of the Ditch System. In the event the Association is deadlocked on the issue of any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an Owner determines to undertake such work unilaterally, such Owner 2 1111 FIA FRIF011[L I , i,IIEWAIIIMiO Mill ®1111 Reception#: 802099 051D3i2011 12:28:02 PM Jean Rlberioo 3 of 4 Reo Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO shall notify the Association and the other Owners in writing. The Owner undertaking the work shall, upon completion, provide the other Owners with a written statement of work performed and the other Owners' proportionate share of the cost of same. In the event an Owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the Owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. 9. Each Owner hereby grants and dedicates permanent, non-exclusive easements across that portion of each Lot as is necessary and sufficient for this Declaration to be performed for the benefit of the Association and the respective Owners as users of the Ditch System. 10. Owner of Lot 1 hereby grants and dedicates an easement upon, over and across a portion of Lot 1, designated as a " 20' Ditch Access Easement', on the plat of the Old Orchard Subdivision recorded in the Office of the Garfield County Clerk and Recorder, at Reception No. no , for use by the Williams Canal Company, for ditch maintenance purposes. 11. Each Owner agrees to not interfere at any time with the proper use of the Ditch System, Irrigation Water and any other related structures by any other Owner and shall indemnify and hold harmless the Association and all other Owners and users from any loss or damage or injury caused by the acts of said indemnifying party. 12. The term hereof shall be perpetual. 13. This Declaration and the covenants contained herein are intended to and shall run with the titles to those real properties described as Lots 1, 2, 3 and 4, Old Orchard Subdivision, Garfield County, Colorado and shall be binding upon and inure to the benefit of the Owners thereof, and their assignees or successors. 14. The laws of the State of Colorado shall govern the validity, effect and construction of this Declaration. 15. This Declaration may not be modified in any manner except by an instrument in writing signed by the Owners of each of the Lots. IN WITNESS WHEREOF, this Declaration is executed this 4 day of 2011. Roc Anthony Gabossi- 3 Mary Gabossi 11111nme:411h1 10.1111111 Reception#: 802099 05/03!2011 12:28:02 PM Jean Alberico 4 of 4 Rec Fee:$25.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) ors) The foregoing instrument was acknowledged before me on this , 2011, by Roc Anthony Gabossi and Mary Ann Gabossi. Witness my hand and official seal. My commission expires:/X->- 4 day of 4 1111 11111 Reception#: 802097 05103/2011 12:28;02 PM Jean Alberlco 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO QUIT CLAIM DEED THIS DEED, made this 4 day of„ -i ( , 2011, between Roc Anthony Gabossi and Mary Ann Gabossi of the County ofGhfield and the State of Colorado, grantors, and Old Orchard Subdivision Homeowners Association, whose address is 44523 Highway 6, Glenwood Springs, Colorado 81601, of the County of Garfield and State of Colorado, grantee. WITNESSETH, that grantors, for and in consideration of the sum of Ten ($10) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantees, its successors and assigns, forever, all the right, title, interest, claim and demand which grantors have in and to the following: 1) 5.535 shares of Williams Canal Company, including all rights represented thereby, Certificate No.46. 2) Bowles Well No. 2, permitted by Colorado Division of Water Resources Permit No. 68856-F, plus all related equipment and fittings, including but not limited to, the well permit, well, water tank, pump, fittings at the well head, meters (whether existing now or to be installed at a later time), pump house, foot valves, and any pipes or pipelines and any other structures which are jointly used and the related Plan for Augmentation decreed in Case No. 97CW162, District Court, Water Division 5, Colorado. 3) 25% interest in 0.50 cfs, conditional, Bowles Diversion for domestic, fire protection and storage in Bowles Pond, First Enlargement, legally described as beginning at the point of diversion from a natural gulch known as Bowles Gulch and located at a point in said natural gulch from whence the West Quarter Corner of Section 35, Township 5 South, Range 90 West of the 6th P.M. bears South 48° 29' West 1358.28 feet, as decreed in Case No. 97CW162; District Court, Water Division 5, Colorado; but reserving to grantors the use of livestock watering and wildlife watering. 4) 25% interest in 2.50 AF, conditional, with the right to fill and refill in priority, to the Bowles Pond, First Enlargement, for fire protection and augmentation of 30 single family dwellings, legally described as having a center point in Section 35, Township 5 South, Range 90 West of the 6th P.M. at a point 1000 feet from the West Section line and 1750 feet from the North Section line of said Section 35, as decreed in Case No. 97CW162, District Court, Water Division 5, Colorado; but reserving to grantors the uses of fish culture, wildlife watering, and livestock watering. 5) Together with and Subject to a proportionate interest in that Water Agreement by and between Roc Anthony Gabossi and Mary Ann Gabossi and Conrad L. Wagner and Marsha L. Wagner recorded in the Office of the Garfield County Clerk and Recorder as Reception No.791618 on September 17, 2010 and the Amendment to Water Agreement 7- 11111YY 1Fai' ' ' Jit Iiir nlii 110.14,14 ICI 11111 Reception# 802097 05!03!2011 12:28:02 PM Jean Rlberico 2 of 2 Rec Fee:$16.00 Doo Fee:0.00 GARFIELD COUNTY CO recorded in the Office the Garfield County Clerk and Recorder as Reception No. .J 0 5 4 $ on 7-)12 ,2011 and all of the right and obligation of Roc Anthony Gabossi and Mary Ann Gabossi to be responsible for determining the timing and extent of construction, cleaning, maintaining, repairing, and operating the Bowles Diversion and Bowles Pond and their appurtenances under paragraph 5(g) of the Water Agreement. The Owners of Lot 1 shall be responsible for implementing the construction, cleaning, repair, maintenance, and all other operation activities as agreed upon by the Association; provided, however, that if the Owners of Lot 1 do not act in a timely manner, the Association may take any action necessary to ensure the continued operation of the Bowles Diversion and Bowles Pond, First Enlargement as set forth in the Declaration of Well Water Use and Maintenance. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantee, its success or and assigns forever. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. Roc Anthony Gab STATE OF COLORADO COUNTY OF GARFIELD a ) ss. Mary Ann bossi The foregoing instrument was acknowledged before me on this 4 day of , 2011, by Roc Anthony Gabossi and Mary Ann Gabossi. Witness my hand and official seal. My commission expires: OA/a-0 1 /.0 �IVOTOr � ri)i Notary Public 444 COLO ■ill I `+ al% IVAl ill a 4 lvir. 11111 Reception#: 802100 05/03/2011 12:20:02 PM Jean Rlberico 1 of 3 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO DECLARATION OF PRIVATE ROADWAYAND UTILITY EASEMENTS AND MAINTENANCE OBLIGATIONS This Declaration is made this 4day of 4.-P --,` 1 , 2011, by Roc Anthony Gabossi and Mary Ann Gabossi ("Declarants") whose address is 44523 Highway 6 & 24, Glenwood Springs, Colorado 81601, owners in fee of that real property described as Lot 1, 2, 3 and 4, Old Orchard Subdivision, Garfield, State of Colorado. I RECITALS Declarants are the owners and subdividers of four tracts of land known as Lot 1, Lot 2, Lot 3, and Lot 4, Old Orchard Subdivision, Garfield County, Colorado and, by this Declaration, intend to grant and dedicate joint and common rights to the use of a private access roadway serving the Lots, and impose on the Lots, as covenants running with the land, the obligation to jointly maintain the private access roadway. II ROAD EASEMENT SECTION 2.01 Declarants hereby grant and dedicate unto the Old Orchard Subdivision Homeowners Association, its successors and assigns, a non-exclusive 40 -foot private access roadway easement upon, over and across, those portions of Lots 2, 3, and 4, designated as an ingress/egress and utility easement on the plat of the Old Orchard Subdivision recorded in the Office of the Garfield County Clerk and Recorder, at Reception No. Ua092.., , for use by the owners of Lots 1, 2, 3, and 4, their successors, assigns, agents, employees, tenants, guests, invitees and emergency service providers, a private access roadway and utility purposes (hereinafter "the road easement") subject to the terms, conditions and provisions hereinafter set forth; provided, however, Lot 1 shall not be entitled to use the road easement unless and until its existing access via Highway 6 & 24 is eliminated. Specifically, the existing access (mp 109.96) for Lot 1 (44523 Highway 6) shall remain until Lot 1 either redevelops (changes use in accordance with the State Highway Department of Transportation Access Code) or if Lot 1 subdivides then the existing access shall be closed to Lot 1 and Lot 1 shall us the private access roadway (mp 109.8 access point) for Lots 2, 3, and 4. The existing access point (mp 109.96) may become an emergency access for fire protection and provide access for maintenance of the William Canal and the Bowles Pond. A copy of the Colorado Department of Transportation Access Permit No. 309040, as amended on March 7, 2011, is attached as Exhibit A. SECTION 2.02 The term of the easement herein granted shall be perpetual. 1111 A '6 'NOM 1111 Reception#: 802100 05/03/2011 12:28:02 PM Jean Rlberico 2 of 3 Rec Fee:$21.00 Doc Fee:0.00 GRRFIFLD COUNTY CO SECTION 2.03 The costs of repair, maintenance, clearing, trash removal, snow plowing, noxious weed mitigation and other expenses of upkeep and preservation of the road easement shall be borne by the Association. The Association shall be reimbursed in equal shares by the owners of the Lots 2, 3, and 4. In the event Lot 1 becomes entitled to use the road easement, Lot 1 shall share equally in the reimbursed expenses with Lots 2, 3, and 4. Routine repairs, paving, clearing, trash removal, noxious week removal, and snow plowing will be conducted from time to time, as may be reasonably necessary. III ENFORCEMENT This Declaration and the terms, conditions and provisions hereof may be enforced by Old Orchard Subdivision Homeowners Association or the owner of any of the Lots, their successors and assigns, and in the event legal proceedings are brought against any party for the purpose of such enforcement, the prevailing party or parties shall recover from the non - prevailing party or parties all costs associated therewith, including, but not limited to, reasonable attorney's fees. The owner of each Lot agrees that, upon request of any of the other owner, it will certify from time to time to any person designated whether there are any breaches of this agreement. If any party fails to respond to such a request within ten (10) days of the date of the request, any existing breach of the Agreement shall be deemed waived by the non -responding party. IV EASEMENT SERVICE AREA Use of the easement shall be restricted to access to and from Lots 1, 2, 3 and 4; provided, however Lot 1 shall not be entitled to use the road easement unless and until its existing access via Highway 6 & 24 is eliminated. The road easement may not be used for the parking or storage of vehicles or equipment. The road easement is subject to the utility easement set forth on the plat of the Old Orchard Subdivision. V UTILITIES Declarants have granted on the final plat of the Old Orchard Subdivision a perpetual, non-exclusive easement consistent with the road easement for the purpose of providing utility service to Lots 2, 3 and 4 or for the repair, maintenance, removal or replacement of said utilities. All instrumentalities, lines, or facilities placed in the road easement shall be maintained in a safe condition by the respective utility company or governmental agency. No grantee of a utility easement under the final plat shall in the use, construction, reconstruction, operation, maintenance, or repair of any utility in any way unreasonably obstruct or delay the use of the road easement granted herein. 2 1111 Pi. � 4+k+'��� ��il�� LYS ll �4�M 1� �.���I }1'i��� 11 111 Recepttan#. 802100 05!0312011 12:28:02 PM Jean Fllberico 3 of 3 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO VI SPECIAL USES Under no circumstances shall road access be denied to or from Lots 1, 2, 3, and 4 over and across the road easement for emergency vehicles, maintenance equipment, and government officials while on official business. VII SUBSEQUENT OWNERS The easement granted herein is appurtenant to the respective Lots of the Old Orchard Subdivision and such easement may not be transferred, assigned or conveyed apart or separately from the respective Lots which benefit from the easement. All provisions of this Declaration, including all benefits and burdens, shall run with the respective Lots subject hereto and shall be binding upon and shall inure to the benefit of the heirs, assigns, successors and personal representatives of the Declarants, subject to the provisions hereof. IN WITNESS WHEREOF, the Declarants have executed this Declaration as of the day and year first above set forth. Roc Anthony GabQssi STATE OF COLORADO COUNTY OF GARFIELD of ) ss. The foregoing instrument was acknowledged before me on this , 2011, by Roc Anthony Gabossi and Mary Ann Gabossi. Witness my hand and official seal. My commission expires: S/00 Notary Public 3 aoeln>,/ day of 1111 IY��i hit i1 r �E+I��CI � ICK �I 1�4���1�� 1I Il I Reception#: 819928 06/13/2012 10;23;55 AM Jean Alberico 1 of 6 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY GO ACKNOWLEDGEMENT OF FINAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roc Anthony and Mary Ann Gabossi (hereinafter "Owner"), entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Colorado (hereinafter 'Board"), recorded as Reception No. 802094 of the Garfield County records on May 5, 2011, for the improvements of Old Orchard Subdivision; and, WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $79,959.70 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and, WHEREAS, the Board approved the first release of security in the amount of $79,299.70 leaving an amount of $660.00 in the irrevocable Letter of Credit for remaining subdivision improvements to be constructed by the Owner as required in the SIA; and, WHEREAS, the obligations of the Owner have been satisfied, as verified in a statement from David M. Kotz, SGM, Inc., dated May 18, 2012 that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements Agreement entered into by the Owner and the Board for the release of security in the amount of $660.00 for work completed (Exhibit E -- Cost Estimate: Pump House, Pressure Switch, and Water Tank - $600.00 plus 10%) consistent with im i rovements described i ' = _ bdivision Improvements Agreement leaving a balance in the irrevocab - etter of Credit STATE OF COLORADO )ss COUNTY OF GARFIELD ) By. Chairman The foregoing instrument was acknowledged before me this , 2012, by John Martin, as Chairman of the Board Garfield County, Colorado. WITNESS my hand and official seal. My commission expires -A v -r I ,e inm G geld County Clerk l l day of of County Commissioners of 1111ra.61011T01 AH4II11I Reception#: 819928 06/13/2012 10:23:66 AN Jean fllberico 2 of 6 Rec Fee:$6.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT E REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT May 18, 2012 Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision SGM www.sgrn-inc.com This request is written to formally notify the BOCC of work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Final Completion and approve cancellation and full release of the Letter of Credit. Attached is the original cost estimate and certified work completed schedule showing that all improvements required by the Subdivision Improvements Agreement and secured by the Letter of Credit havebeen completed. Note that the original construction estimate by B.C. Excavation & Construction included $1,000.00 for Revegetation. It is my understanding that the Revegetation was secured separately and the original Letter of Credit value was $79,959.70. It is also my understanding that Partial Release Request #1 was processed in the amount of $79,299.70 and $660.00 remains on the Letter of Credit. Based upon periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. Please refer to the attached May 4, 2012 letter from Resource Engineering, inc. for documentation for completion of the water system improvements. If further information is needed, please contact me at (970) 384-9008. Owner's Representative/Engin David M. Kotz, P.E. SGM, Inc. (5)311 29961 4.) oktirsAs 1:1200912009.336.001 Ofd Orchard SubMConstructanlMay2012101d Orchard SIA Final Refease5-18.12.dac GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 1111 rib ICE Iatieele14 "I Illy 11111 Reception#: 819928 06/1312012 10:23:55 AM Jean Alberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B.C. Excavation & Construction P.A. Box 1144 Dolores, Co. 81323 Bid Proposal For The Old Orchard Subdivision COMPLETED WORK Description QTY UNIT UNIT PRICE PRICE PRICE Mobilization 1.00 LS 500.00 $ 500.00 $ 500.00 Clear And Grub 1.00 LS $ 150.00 $ 150.00 $ . 150.00 Silt Fence 317.00 LF $ 1.36 $ 437.46 $ 437.96 Erosion Logs ( Check Dams 2.00 EA $ 87.88 $ 175.76 $ 175.76 Excavation 713.27 CY $ 7.70. $ 5,492.18 $ 5,492.18 Embankment 50.00 CY $ 4.00 $ 200.00 $ 200.00 18" CMP 50.00 LF $ 46.70 '$ 2,334.90 $ 2,334.90 18" Bands 2,00 EA $ 44.82 $ 89.64 $ 89.64 18" Flared End Sections 2.00 EA $ 129.53 $ 259.05 $ 259.05 12" CMP 30.00 LF $ 27.77 $ 833.10 $ 833.10 12" Band 1.00 EA $ 36.77 $ 36.77 $ 38.77 12" Head Gate 1:00 EA $ 611.00 $ 611.00 .$ 611.00 12" Flared End Section 1.00 EA $ 75.42 $ 75.42 .$ 75,42 8" Utility Sleeves 30 LF. x 2 30.00 LF $ 29.00 $ 870.00 $ 870.00 600 LF. 1" Water Service Line 600.00 LF $ 14.50 $ 8,700.00 $ 8,700.00 Pump House, Pressure Switch. Water Tank 1.00 LS $ 600.00 $ 600.00 $ 600.00 Pipe Removal 1.00: LS $ 200.00_ $ 200.00 $ 200.00 Grizzly tion 1342.00 TN $ 12.50 $ 16,775.00 $ 16,775.00 Class # 2 - 3" minus for CDOT ROW 105.00 TN $ 23.50 $ 2,467.50 $ 2,467.50 Class 6 (Spec 314" Base Course) 671.00 TN $ 25.04 $ 16,801.84 $ 16,801.84 New Fence 1.00 LS $ 5,000.00 $ 5,000.00 $ 5,000.00 Saw Cut Asphalt 92.00 LF $ 3.50 .$ 322.00 $ 322.00 Fabric (Mirafi 500X) 2398.28 SY $ 1.10 $ 2,638.11 $ 2,638.11 Re_vegetatian_..___ .. 100`;;_. LS `:$ ;1,00000? $:'.1.000;00' $ - Traffic control Plan 1 , LS $ 95.00 $ 95.00 $ 95500 Traffic Control 5 , Days $ 787.00 $ 3,93500 $ 3,935.00 , Pave The Entrance 1 LS $ 3,000.00 $ 3,000.00 $ 3,000.00 10% Contingency 1 $ 7,359.97 $ 7,359.97 $ 7,358.97 Sub total $ 73.599.73 $ 72,599.73 Total With 10 % contingency $ 80,959 70 Old Orchard Hid Proposal Exhibit B secured separately ■III l�hi4Y,�M1���9�1��,11�4ihq�ll����'><,I���>t���, ■III l Reception#: 819928 06!13!2012 10:23:55 AM Jean Rlberico 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO HP:RESOURCE KM MB aav�■■ 1!'1111®l•.1 E N G I N E E R I N G INC. John L. Taufer John L Taufer & Associates, Inc. PO Box 2271 Glenwood Springs CO 81602 RE: Old Orchard Subdivision SIA Improvement Dear John: May 4, 2012 The purpose of this letter is to document that all water system improvements required for the Old Orchard Subdivision are now complete. Resource Engineering, Inc. (RESOURCE) conducted a final inspection on May 1, 2012 and Michael Erion observed that the well, well house, controls, pressurized storage tank, valves, service lines, and curb stops were all installed. The control panels and pressurized storage tank are located in a separate concrete vault structure from the well house. Please call if you have any questions or need additional information. Sincerely, RESOURCE EENGI ERING, INC. ichael J. Erion, P. Water Resources gineer MJE1mmm 872-2,0 CC: Rocky Gebossi Consulting Engineers and Hydrologists 509 Colorado Avenue ® Glenwood Springs, C0 61601 ® (970) 945-6777 El Fax (970)94E-1137 bank. ■111 1 ii IZILY:0111.1K 11111 Reception#: 819928 06f13/2012 10:23:55 AM Jean Alberico 5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING GROUP 111 S.W. FIFTH AVE., SUITE 500 PORTLAND, OREGON U.S.A. 97204 SWIFT: USBKUS44PDX FAX: (503)275-5132 MARCH 21, 2011 IRREVOCABLE STANDBY LETTER. OF CREDIT BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO CIO BUILDING AND PLANNING DEPARTMENT 108 87" STREET, SUITE 213 GLENWOOD SPRINGS, CO 81601 APPLICANT: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, CO 81601 LETTER OF CREDIT NUMBER: SLCPPDX05315 EXPIRY DATE: NOVEMBER 2, 2012 AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT ADDRESS INDICATED ABOVE. AMOUNT: NOT EXCEEDING US$79,959.70 (SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS) WE HEREBY ISSUE AT THE REQUEST OF THE APPLICANT IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCPPDX05315 IN AN AMOUNT NOT TO EXCEED SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS ($79,959.70). THE PURPOSE OF THIS LETTER IS TO SECURE THE APPLICANT'S PERFORMANCE OF AND COMPLIANCE WITH THE AGREEMENT BETWEEN APPLICANT AND BENEFICIARY, DATED1�- of AND TITLED THE OLD ORCHARD SUBDIVISION IMPROVEMENTS AG EMENT ("SUBDIVISION IMPROVEMENTS AGREEMENT"). THIS LETTER OF CREDIT EXPIRES AT THE COUNTERS OF U.S. BANK NATIONAL ASSOCIATION, I 1 I SW FIFTH AVE., SUITE 500, PORTLAND, OREGON 97204, AT 5:00 P.M. PACIFIC TIME ON NOVEMBER 2, 2012. THIS LEITER IS NOT TRANSFERABLE. THIS LETTER OF CREDIT IS AVAILABLE BY PAYMENT BY DRAFT(S) DRAWN AT SIGHT ON U.S. BANK NATIONAL ASSOCIATION PRESENTED TO OUR BRANCH LOCATED AT 1901 GRAND AVENUE, GLENWOOD SPRINGS, CO 81601 WHO IN TURN WILL SEND THE DRAWING VIA OVERNIGHT COURIER TO THE LETTER OF CREDIT DEPARTMENT. DRAFT(S) ARE TO BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S SIGNED STATEMENT EXECUTED BY THE CHAIRMAN OF THE BOCC OR THE BOCC'S AUTHORIZED DESIGNEE STATING: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI, DEVELOPERS OF THE OLD ORCHARD *MTHIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315*** bank. 1111 IYY��J'��4Y,�f4�i�I +I,L��i L��C�I I CIi 1�� RI/ 11111 Reception#: 819928 06/13/2012 10:23:55 AM Jean Alberioo 6 of 6 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO SUBDIVISION ARE IN DEFAULT OF THEIR OBLIGATIONS SET FORTH IN THAT CERTAIN SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN ROC ANTHONY GABOSSI AND MARY ANN GABOSSI AND THE BOCC, DATED 57 Z/ Zoll , AND RECORDED AS RECEPTION NUMBER V D209T IN BOOK AT PAGE' OF THE REAL ESTATE RECORDS OF THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER. 2. THE ORIGINAL LETTER OF CREDIT. TELEFACSIMILE OF THE DRAW DOCUMENTS IS ACCEPTABLE TO OUR FAX NO. (503)275-5132. THE FAX PRESENTATION SHALL BE DEEMED THE ORIGINAL PRESENTATION. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO BANK BY OVERNIGHT COURIER AT THE TIME OF FAX PRESENTATION. WE WILL REMIT PROCEEDS PER YOUR WIRE INSTRUCTIONS. PARTIAL DRAWINGS ARE PERMITTED. THE BENEFICIARY MAY AUTHORIZE REDUCTIONS OF THE FACE AMOUNT OF THIS LEI-I'ER OF CREDIT FROM TIME TO TIME BY PRESENTING THEIR SIGNED STATEMENT TO THAT EFFECT. THIS LETTER OF CREDIT AND AMENDMENTS, IF ANY, MUST BE RETURNED TO US W CANCELLING EARLY WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING: "THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY THE BOCC AND IS HEREBY RETURNED TO THE ISSUING BANK FOR CANCELLATION." DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER U.S. BANK NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLCPPDX05315. " THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 AND THE LAWS OF THE STATE OF COLORADO. IN THE EVENT OF A CONFLICT, THE LAWS OF THE STATE OF COLORADO WILL PREVAIL. VENUE FOR ANY JUDICIAL PROCEEDING PERTAINING TO THIS LETTER OF CREDIT SHALL BE IN A COURT OF COMPETENT JURISDICTION IN GARFIELD COUNTY, COLORADO. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED AND NEGOTIATED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. U.S. BANK NATIONAL AS 1 CIATION A MEMBER; F THE F r ERAL ' SERVE SYSTEM 41P STANDBY LETTERS OF CREDIT LORI E. ROWELL ASSISTANT VICE PRESIDENT ***THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315#** 111ryn4dWimv.1Wt norierwiirvi 11111 Reception#: 808309 09/20/2011 01:16:33 PM Jean Riberico 1 of S Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ACKNOWLEDGEMENT OF FIRST PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roc Anthony and Mary Ann Gabossi (hereinafter "Owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded as Reception No. 802094 ofthe Garfield County records on May 5, 2011, for the improvements of Old Orchard Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $79,959.70 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied in part, as verified in a statement from David M. Kotz, SGM, Inc., dated August 30, 2011 that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknowledges this first partial satisfaction of the Subdivision Improvements Agreement entered into by the Owner and the Board for the release of security in the amount of $79,299.70 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $660. STATE OF COLORADO )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 1 - day of , 2011, by John Martin, as Chairman of the Board of County Commissioners of Gar field County, Colorado. By: Chairm WITNESS my hand and official seal. My commission expires VVI `T E. w.. Garb eld County Clerk ■111 Eh lawn% mamereviiiroiri Ali 11111 Reception#: 808309 09/20/2011 01:15;33 PM Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO SCHMUESER I GORDON I MEYER GLENWOOD SPRINGS 6NriIN66Rs I5UIxveYORs 8 WEsT SIXTH STREET, SUITE 200 GLENWOOD SPRINGS, CO 81 601 970.945.1004 970.945,5948 FAX EXHIBIT D WRITTEN REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of work completed for Old Orchard Subdivision. Note that the original construction estimate by B.C. Excavation & Construction included $1000.00 for Revegetation. It is my understanding that the Revegetation was secured separately and the current Letter of Credit value is $79,959.70. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Partial Completion and approve a reduction in the face amount of the Letter of Credit in the amount of $79,299.70 to a reduced face amount of Six Hundred Sixty dollars ($660.00). Attached is the original cost estimate and certified work completed schedule showing: Cost Estimate Work Completed Reduced Face Amount of LOC $79,959.70. plus $ 1000 Revegetation $71,999.73 plus $7,299.97 (orig 10% less $60) $660.00 (=Work Remaining + 10%) Based upon periodic observation and testing, the construction has been completed, to date, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If fu er information is needed, pleas - •a t3(070) 384-9008. eaoweaaa. . 0,, A. ,) ',,-::! 1 p� ti tmtt Owner's Represe to e/Enginee ' 9ft -1 ) David M. Kotz, P.E. ! a . . SGM, Inc. f°, °$, o 1:1200912009-336.001 Old Orchard SublConstruction101d Orchard SIA LOC 1.doc GUNNISON ASPEN GRACED JUNCTION MEEKER 103 WEST TbMICHI AVE, SUITE A 1 O 1 F0UNPERS PLACE, UNIT 102 2769 COMPASS DRIVE. SUITE 102 320 THIRD STREET GUNNISON, CO 131230 PO Box 21 55 Giulio JUNCTION, CO 81505 MEEKER. CO 81641 970.641 .5355 ASPEN, CO 61611 970.245.2571 970.879,5180 970.641 .5a59 Eax 970.925.6727 970.246.2871 FAX 970.878.41 81 FAX 970.925.4157 FAX ■!!I IYYs'i P it h�l��lh4l�iW� I�il4�hi 4�+KG4�l�� �� 11111 Reeept,ion#: 808309 09/20/2011 01:16:33 PM Jean Plberico 3 of 5 Rec Fee:$0.00 Doc Fee:0,m0 GARFIELD COUNTY CO B.C. Excavation & Construction P.O. Box 1144 Dolores, Co. 81323 Bid Proposal For The Old Orchard Subdivision COMPLETED WORK Description j QTY UNIT UNIT PRICE PRICE PRICE Mobilization 1.00 LS 500.00 $ 500.00 $ 500.00 Clear And Grub 1.00 LS $ 150.00 $ 150.00 $ 150.00 Silt Fence 317.00 LF $ 1.38 $ 437.46 $ 437.46 Erosion Logs ( Check Dams) 2.00 EA $ 87.88 $ 175.76 $ 175.76 Excavation 713.27 CY $ 7.70 $ 5,492.18 $ 5,492.18 Embankment 50.00 CY $ 4.00 $ 200.00 $ 200.00 18" CMP 50.00 LF $ 46.70 $ 2,334.90 $ 2,334.90 18" Bands 2.00 EA $ 44,82 $ 89.64 $ 89.64 18" Flared End Sections 2.00 EA $ 129.53 $ 259.05 $ 259.05 12" CMP 30.00 LF $ 27.77 $ 833.10 $ 833.10 12" Band 1.00 EA `$ 36.77 $ 36.77 $ 36.77 12" Head Gate 1.00 EA $ 611.00 $ 611.00 $ 611.00 12" Flared End Section 1.00 EA $ 75.42 $ 75.42 $ 75.42 8" Utility Sleeves 30 L.F. x 2 30.00 LF $ 29.00 $ 870.00 $ 870.00 600 L.F. 1" Water Service Line 600.00 LF $ 14.50 $ 8,700.00 $ 8,700.00 Pump House,, Pressure Switch, Water Tank 1.00. LS $ 600.00 -$ 60000 $ - Pipe Removal 1.00 LS $ 200.00 $ 200.00 $ 200.00 Grizzly Pitrun 1342.00 TN $ 12.50 $ 16,775.00 $ 16,775.00 Class # 2 - 3" minus for CDOT ROW 105.00 TN $ 23.50 $ 2,467.50 $ 2,467.50 Class 6 (Spec 314" Base Course) 671.00 TN $ 25.04 $ 16,801.84 $ 16,801.84 New Fence 1.00 LS $ 5,000.00 $ 5,000.00 $ 5,000.00 Saw Cut Asphalt 92.00 LE $ 3.50 $ 322.00 $ 322.00 Fabric mirafi 500X) 2398.28 SY $ 1.10 $ 2,63_8.11 $ 2,638.11 'S e ' , a PIWINI .' � ?i6„,a 0 6 %. :. aa� ' ` s '', ,j$ y RI��T0I • . WI$ - Traffic control Plan 1 LS $ 95.00 $ 95.00 $ 95.00 Traffic Control 5 Days $ 787.00 $ 3,935.00 $ 3,935.00 Pave The Entrance 1 LS , $ 3,000.00 $ 3,000.00 $ 3,000.00 10% Contingency 1 $ 7,359.97 $ 7,359;97 $ 7,359.97 Sub total $ 73,599.73 $ 71,999.73 Total With 10 % contingency $ 80,959.70 Old Orchard Bid Proposal Exhibit B incomplete Retain $660 + 10% = $660 4'�`,::A. secured seperately 2 961 bank. 1 11 N 111FAI MNE lilt RI 11111 Reception#: 808309 09/20/2011 01:16:33 PM Jean Rlberico 4 of 5 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING GROUP 111 S.W. FIFTH AVE., SUITE 500 PORTLAND, OREGON U.S.A. 97204 SWIFT: USBKUS44PDX FAX: (503)275-5132 MARCH 21, 2011 IRREVOCABLE STANDBY LETTER OF CREDIT BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO C/0 BUILDING AND PLANNING DEPARTMENT 108 8m STREET, SUITE 213 GLENWOOD SPRINGS, CO 81601 APPLICANT: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, CO 81601 LETTER OF CREDIT NUMBER: SLCPPDX05315 EXPIRY DATE: NOVEMBER 2, 2012 AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT ADDRESS INDICATED ABOVE. AMOUNT: NOT EXCEEDING US$79,959.70 (SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS) WE HEREBY ISSUE AT THE REQUEST OF THE APPLICANT IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCPPDX05315 IN AN AMOUNT NOT TO EXCEED SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS ($79,959.70). THE PURPOSE OF THIS LETTER IS TO SECURE THE APPLICANT'S PERFORMANCE OF AND COMPLIANCE WITH THE AGREEMENT BETWEEN APPLICANT AND BENEFICIARY, DATED 1-1111-011 . AND TITLED THE OLD ORCHARD SUBDIVISION IMPROVEMENTS AGEMENT ("SUBDIVISION IMPROVEMENTS AGREEMENT"). THIS LETTER OF CREDIT EXPIRES AT THE COUNTERS OF U.S. BANK NATIONAL ASSOCIATION, 111 SW FIFTH AVE., SUITE 500, PORTLAND, OREGON 97204, AT 5:00 RM. PACIFIC TIME ON NOVEMBER 2, 2012. THIS LETTER IS NOT TRANSFERABLE. THIS LETTER OF CREDIT IS AVAILABLE BY PAYMENT BY DRAFT(S) DRAWN AT SIGHT ON U.S. BANK NATIONAL ASSOCIATION PRESENTED TO OUR BRANCH LOCATED AT 1901 GRAND AVENUE, GLENWOOD SPRINGS, CO 81601 WHO IN TURN WILL SEND THE DRAWING VIA OVERNIGHT COURIER TO THE LETTER OF CREDIT DEPARTMENT. DRAFT(S) ARE TO BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S SIGNED STATEMENT EXECUTED BY THE CHAIRMAN OF THE BOCC OR THE BOCC'S AUTHORIZED DESIGNEE STATING: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI, DEVELOPERS OF THE OLD ORCHARD ***THIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315*** [bank. 1111 141.10711111'141C10.11411111 11111 Reception: 808309 09!20!2011 01:16:33 Pit Jean Rlberr.co 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO SUBDIVISION ARE IN DEFAULT OF THEIR OBLIGATIONS SET FORTH IN THAT CERTAIN SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN ROC ANTHONY GABOSSI AND MARY ANN GABOSSI AND THE BOCC, DATED 572 f 1-01I- , AND RECORDED AS RECEPTION NUMBER V 02 0 IN BOOK AT PAGE OF THE REAL ESTATE RECORDS OF THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER. 2. THE ORIGINAL LETTER OF CREDIT. TELEFACSIMILE OF THE DRAW DOCUMENTS IS ACCEPTABLE TO OUR FAX NO. (503)275-5132. TIS FAX PRESENTATION SHALL BE DEEMED THE ORIGINAL PRESENTATION. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO BANK BY OVERNIGHT COURIER AT THE TIME OF FAX PRESENTATION. WE WILL REMIT PROCEEDS PER YOUR WIRE INSTRUCTIONS. PARTIAL DRAWINGS ARE PERMITTED. THE BENEFICIARY MAY AUTHORIZE REDUCTIONS OF THE FACE AMOUNT OF THIS LETTER OF CREDIT FROM TIME TO TIME BY PRESENTING THEIR SIGNED STATEMENT TO THAT EFFECT. THIS LETTER OF CREDIT AND AMENDMENTS, IF ANY, MUST BE RETURNED TO US IF CANCELLING EARLY WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING: "THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY THE BOCC AND IS HEREBY RETURNED TO THE ISSUING BANK FOR CANCELLATION." DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER U.S. BANK NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLCPPDX05315." THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 AND THE LAWS OF THE STATE OF COLORADO. IN THE EVENT OF A CONFLICT, THE LAWS OF THE STATE OF COLORADO WILL PREVAIL. VENUE FOR ANY JUDICIAL PROCEEDING PERTAINING TO THIS LETTER OF CREDIT SHALL BE IN A COURT OF COMPETENT JURISDICTION IN GARFIELD COUNTY, COLORADO. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED AND NEGOTIATED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. U.S. BANK NATIONAL A 1 CIATION A MEMBER 19F THE F • ERAL ' SERVE SYSTEM STANDBY LETTERS OF CREDIT LORI E. ROWELL ASSISTANT VICE PRESIDENT ***THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315*** 1111 In 1114.14,1/41M ii it fid.1A1Wil Pit 11 11 1 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 1 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO OLD ORCHARD SUBDIVISION IMPROVEMENTS AGREEMENT THIS OLD ORCHARD SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this d day of A-‘21'1 ( , 2011, by and between ROC ANTHONY GABOSSI and MARY ANN GABOSSI (collectively "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). Recitals 1. Owner is the owner and developer of the Old Orchard Subdivision (the "Subdivision"), which property is depicted on the Final Plat of the Old Orchard Subdivision ("Final Plat" or "Final Plat of the Subdivision"). The real property subject to this SIA is described in that Final Plat recorded at Reception Number ?Wk 0 qa1 of the real estate records of Garfield County, Colorado and incorporated by this reference. 2. On 0e64w. -vim , 2010, the BOCC,. by Resolution No. p i.1 recorded at Reception Number g o 0 q -- of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a combined preliminary/final plan for the Subdivision which, among other things, would create four single-family residential lots ("Preliminary/Final Plan Approval"). 3. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Unified Land Use Resolution of 2008, Owner wishes to enter into this SIA with the BOCC. 4. Owner has agreed to execute and deliver a letter of credit or other security in a form satisfactory to the BOCC to secure and guarantee Owner's performance under this 1111 xrVA IM L VWilli 11111 Reception#; 802094 05/03/2011 12:28:02 PM Jean Rlberico 2 of 37 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY 00 Agreement and under the Preliminary/Final Plan Approval and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth below. 5. Owner represents that at the time of recording this SIA all taxes and assessments upon all parcels of real estate described in this SIA are paid in full. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: Agreement 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary/Final Plan Approval, and the requirements of the Garfield County Unified Land Use Resolution of 2008 and any other governmental or quasi -governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and installed the subdivision improvements, identified in the Exhibit defined in subparagraph 2.a.i, below ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements, except for revegetation, shall be completed on or before the end of the first full year following execution of this SIA ("Completion Date"), in substantial compliance with the following: i. Plans marked "Approved for Construction" for all Subdivision 2 1111 irk P '4irk 541,1611,1111014 11111 Reception 802094 05103/2011 12:28:02 PM Jean Alberico 3 of 37 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Improvements prepared by SGM, Inc. and submitted to the BOCC on December 16, 2009, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit A; the estimate of cost of completion prepared and submitted by B.C. Excavation & Construction and certified by and bearing the stamp of Owner's professional engineer licensed in the State of Colorado ("Owner's Engineer") attached to and made a part of this SIA by reference as Exhibit B, which estimate shall include an additional ten (10) percent of the total for contingencies; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the Garfield County Unified Land Use Resolution of 2008 ("Final Plat Documents"). ii. All requirements of the combined Preliminary/Final Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi - governmental authorities with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(c), below; all other requirements of this SIA have been met; and all requirements of Preliminary/Final Plan Approval are satisfied, then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary/Final Plan Approval, the Final Plat Documents and the Garfield County Unified Land Use Resolution of 2008, with respect to the installation of Subdivision Improvements. 3 ■III !'i" P�'4J��4�,I�1i�f �IIt1 �, G4�, C14�.���11�� 1l ll 1 Reception#: 802094 05/03/2011 42:28:02 PM Jean Rlberico 4 of 37 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE - VEGETATION). a. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements other than revegetation, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C-1 ("LOC") or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $79,959.70, representing the full estimated cost of completing the Subdivision Improvements excluding revegetation, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), as set forth and certified by Owner's Engineer on Exhibit B to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements subject of this Paragraph 3.a. b. LOC Requirements and Plat Recording. The LOC required by this SIA shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the LOC is not licensed in the State of Colorado and transacting business within the State of Colorado, the LOC shall be "confirmed" within the meaning of the Uniform Commercial Code, Letters of Credit, § 4-5-101, et seq., C.R.S., as amended, by a bank that is licensed to do business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC shall state that presentation of drafts drawn under the LOC shall be at an 4 1111 Illi 10.11Nihi liqlrikiM Not I441G11Illi 11 III Reception#: 802094 05/03/2011 12:28:02 PM Jean Plberico 5 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO office of the issuer or confirmer located in the State of Colorado. The Final Plat of the Subdivision shall not be recorded until the security, described in this paragraph 3 and the security for revegetation described in paragraph 4, below has been received and approved by the BOCC. c. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for the validity of the LOC shall be similarly extended by the Owner. For each six (6) month extension, at the sole option of the BOCC, the face amount of the LOC shall be subject to re -certification by Owner's Engineer of the cost of completion and review by the BOCC. d. Unenforceable LOC. Should the LOC expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion of the Subdivision Improvements, this SIA shall become void and of no force and effect and the Final Plat shall be vacated pursuant to the terms of this SIA. e. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do so by means of submission to the Building and Planning Department of a "Written Request for Partial Release of LOC", in the form attached to and incorporated by this reference as Exhibit D, accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary/Final Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face 5 ■111 El WARN 11111 Reception#: 802094 05103!2011 12:28:02 PM Jean Alberice 6 of 37 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO amount of the LOC as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer, requirements of the Preliminary/Final Plan Approval have been met, and both the certification and satisfaction of the Preliminary/Final Plan Approval requirements have been approved by the BOCC. f. BOCC' s Investigation. Notwithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's certificate of partial completion of improvements, the BOCC may review the certification and the Preliminary/Final Plan Approval, and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the BOCC within fifteen (15) business days of submission of Owner's Written Request for Partial Release of LOC, accompanied by Owner's Engineer's certificate of partial completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of security, provided that all requirements of the Preliminary/Final Plan Approval have been satisfied. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications or that requirements of the Preliminary/Final Plan Approval have not been met, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Written Request for Partial Release of LOC. iii. If a letter of potential deficiency is issued identifying a portion of 6 1III1inNriVI ! !ir fltVidi!ildiT,lA4 P.1.11111 Reception#: 802094 05/0312011 12:28:02 PM Jean Riberico 7 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO the certified Subdivision Improvements as potentially deficient and there are no outstanding requirements of the Preliminary/Final Plan Approval, then all Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize release of the amount of security related to the Subdivision Improvements certified as complete and not identified as potentially deficient. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency or requirements of the Preliminary/Final Plan Approval that have not been met, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications and that all requirements of the Preliminary/Final Plan Approval have been met, then the appropriate amount of security shall be authorized for release within ten (10) business days after completion of such investigation. g- BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements, whether or not Owner has submitted a written request for release of LOC, or that requirements of the Preliminary/Final Plan Approval have not been met, the BOCC may withdraw and employ from the LOC such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications or to satisfy the Preliminary/Final Plan Approval requirements, up to the face 7 ■III PIM6 �l��l'�ha kli NICIAL WWI1411 iNgRi 111H Reception#: 802094 05/0312011 12:28:02 PM Jean Rlberico 8 of 37 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO amount or remaining face amount of the LOC. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this SIA or requirements of the Preliminary/Final Plan Approval prior to requesting payment from the LOC, in accordance with the provisions of Article XIII of the Garfield County Unified Land Use Resolution of 2008. In lieu of or in addition to drawing on the LOC. the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements and satisfaction of requirements of the Preliminary/Final Plan Approval. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the LOC or filing a civil action. h. Final Release of Security. Upon completion of all Subdivision Improvements and Preliminary/Final Plan Approval requirements, other than revegetation, Owner shall submit to the BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary/Final Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner's Association of the Subdivision at the time of Final Plat Approval; and 3) a Written Request for Final Release of LOC, in the form attached to and incorporated herein as Exhibit E, along with Owner's Engineer's stamp and certificate of final completion of improvements. i. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, 8 ■111 rY♦ nliV 'yL lett G4 mu t II li 11111 Reception#: 802094 05103!2091 12:20:02 PM Jean Alberico 9 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO and that all requirements of the Preliminary/Final Plan Approval have been met, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.£, above, shall be followed. iii. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Preliminary/Final Plan Approval have been satisfied, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. iv. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, and/or that requirements of the Preliminary/Final Plan Approval have not been satisfied, the BOCC may complete remaining Subdivision Improvements and satisfy requirements of the Preliminary/Final Plan Approval, or institute court action in accordance with the process outlined in paragraph 3.g., above. 4. SECURITY FOR REVEGETATION. a. Revegetation LOC and Substitute Collateral. Revegetation of disturbed areas in the Subdivision, the costs for which are detailed as a subdivision improvement in Exhibit B in the amount of $1,000, shall be secured by delivery of a Letter of Credit from the Owner to the BOCC ("Revegetation LOC") The Revegetation LOC shall be valid for a minimum of two 9 ■iii I'y�lrid4i�lk'�N�d�'f��>W'!,1�7�M�4Ci�+CIWI��Ni� 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Alberice 10 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO (2) years following recording of the Final Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of revegetation. In lieu of a Revegetation LOC, the BOCC hereby accepts the Treasurer's Deposit Agreement, attached to and incorporated in this SIA by reference as Exhibit C-2 b. Revegetation LOC General Provisions. The provisions of paragraphs 3.b., 3.c. and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates, increase in face amounts, and plat recording shall apply to the Revegetation LOC. c. Revegetation Review and Notice of Deficiency. Upon establishment of revegetation, the Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, as amended, and the revegetation/reclamation plan titled Driveway Plan and Profile by SGM, Inc. and dated December 16, 2009 for the Subdivision submitted as part of the combined Preliminary/Final Plan Approval. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation Management Department, as such efforts may be instituted within the two (2) years following recording of the Final Plat. d. Single Request for Release of Revegetation LOC. Following receipt of written approval of the Vegetation Management Department, the Owner may request release of the Revegetation LOC and shall do so by means of submission to the BOCC, through the Building and Planning Department, of a Written Request for Release of Revegetation LOC, in 10 VIII I 'i NW& LIVhRIN 11111 Recept iori# : 802094 05/03/2011 12:28:02 PM Jan Alberico 11 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO the form attached to and incorporated herein by reference as Exhibit F, along with certification of completion by the Owner, or Owner's agent with knowledge, and a copy of the written approval of the Vegetation Management Department. It is specifically understood by the parties that the Revegetation LOC is not subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the Revegetation LOC and the BOCC's associated rights to withdraw funds and bring a court action may survive final release of the LOC securing other Subdivision Improvements, defined in paragraph 3.a., above. e. BOCC's Completion of Revegetation and Other Remedies. If Owner's revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in its discretion, may withdraw and employ from the Revegetation LOC such funds as may be necessary to carry out the revegetation work, up to the face amount of the Revegetation LOC. In lieu of or in addition to drawing on the Revegetation LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Revegetation LOC or filing a civil action. S. WATER SUPPLY. As stated in paragraph 13, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water, fire protection, and non -potable irrigation water in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution systems shall be as shown on the Final Plat. Owner shall deposit with the Garfield 11 1111K, ilk 11111 Reception#: 802094 05103/2011 12:28:02 Pm Jear3 Alberico 12 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water systems, for recordation following recording of the Final Plat and this SIA. Immediately following the recordation of the Final Plat and this SIA, all facilities and equipment contained within the water supply system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision or individual homeowner(s), as appropriate, by bill of sale. If a third party water service entity requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary, has been assigned. 6. PRIVATE ROADS. There are no public roads within the Subdivision. The private roadway for the Subdivision is private and controlled by the Declaration of Private Roadway and Utility Easements and Maintenance Obligations filed concurrently herewith (the "Declaration"). The Declaration details the responsibility for the maintenance, repair and upkeep of said right-of-way, including the traveled surface of the roadway and portions of the rights-of- way outside of the traveled surface. The BOCC shall not be obligated to maintain any road right-of-way within the Subdivision. The private roadway is depicted as such on the Final Plat. 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain easements for installation and maintenance of utilities. Public utility easements shall be depicted on the face of the Final Plat and deeded by recorded instrument to the HOA for the benefit of public utility providers. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements depicted on the Final Plat by separate document, Owner shall execute and record the required 12 1111 LMiif likVilavanNiii 1l it Reception#: 802054 05/03/2011 12:28:02 PM Jean Alberico 13 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO conveyance documents. Any utility easement within county road rights-of-way are subject to the Garfield County Road and Right -of -Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended 8. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements including revegetation and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this STA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or are the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC 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 BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a. waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 9. ROAD IMPACT FEE. Because the access to the Subdivision is via a state highway, no Garfield County Road Impact fee is assessed. 10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Roaring Fork RE-1School District, calculated in accordance with the Garfield County Unified Land Use Resolution of 2008 and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated for the RE -1 School District as follows: Unimproved acreage value is $210,000.00 and the undeveloped land is 14.18 acres. The land dedication standard is .020 acres and the number of new single family units to be built on 13 Ell torehavrotiial Anielogiuri1l If i Reception#: 802094 05103/2011 12.28:02 PM Jean Alber-ico 14 of 37 Rea Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO the property is 2. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, Five Hundred Ninety One and 97/100 Dollars ( $591.97) as a payment in lieu of dedication of land to the Roaring Fork RE -1, School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of §30- 28-133, C.R.S., as amended, and the Garfield County Unified Land Use Resolution of 2008. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the Roaring Fork RE -1 School District. 11. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 12. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, including failure to satisfy requirements of the Preliminary/Final Plan Approval, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Glenwood Springs Rural Fire Protection District ("District"), if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation have been completed and are operational and all requirements of the Preliminary/Final Plan Approval have been saffied as required by this SIA, No additional 14 1111 MN Nik11,141:1101, 10,1101,1CIVINX 11111 Reception#: 802094 05103!2011 12:28:02 PM Jean Rlberico 15 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO building development on Lot 1 shall be permitted until an additional drainage/debris flow analysis has been performed. Additional development may be permitted upon specific recommendations derived from the drainage/debris flow analysis. The drainage/debris flow analysis shall be supplied to Garfield County with any building permit application for Lot 1. Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit G, concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this SIA. 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 14. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 13, above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to 15 ■Ifl r iri P fW h��:l tilr � l � 4 !l'+111Ill Reception#: 802094 05!0312011 12;28:02 PM Jean Plberico 16 of 37 Rec Fee $0.00 Doc Fee .0.00 GRRFTELD COUNTY CO require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a Iot to file an action against the BOCC. In addition, the BOCC may, but shall not be required to, pursue any of its enforcement remedies as applicable, pursuant to Article XII of the Unified Land Use Resolution of 2008, as amended. 15. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 16. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 17. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: Roc Anthony Gabossi and Mary Ann Gabossi 44523 Highway 6 Glenwood Springs, CO 81601 Phone: (970) 384-2630 w/copy to, 16 1111 Mit0116111.%11/21111Whi IAIKAPAlillni 11 11 1 Reception#: 802094 05/03f2011 12:28.02 PM Jean Alberico 17 of 37 Rep Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO John L. Taufer John L. Taufer & Associates, Inc. 909 Colorado Ave. P.O. Box 2271 Glenwood Springs, CO 81602 Phone: {970) 945-1337 BOCC: Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: {970) 945-8212 Fax: {970) 384-3470 18. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. Before any extension of Completion Date is considered, Owner shall certify that all taxes and assessments on the real property subject to the SIA. are paid in full. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 19. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the 17 1111 RirorgariN rilI1Fti1.hI4411110,C1 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Alberico 18 of 37 Rec Fee:$0.00 Dec Fee:0.00 GARFIELD COUNTY CO same instrument. 20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. BOARD OF COUNTY COMMISSIONERS ATTEST: 4-0,4_, ✓Y1 Clerk to the Board GARFIEL t 1 NTY, COLORADO By: Chairman , Date: OWNER Roc Anthony Gabosi Date Mary Gabossi Date 18 1111171 r tL ' ahlil.1#4: 1AVVL1111'1#1l1'ii 11111 Reception 802094 05103!2011 12.29:02 PM Jean Alberico 19 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss. COUNTY OF GARFIELD Subscribed and sworn to before me by Roc Anthony Gabossi and Mar , Gabossi S. A-42.6 Owner of the Subdivision, this 14 day of • 1. , 2011. WITNESS my hand and official seal. My commission expires: cl Notary Public 19 •III IKY'"i i 1rilIGa!'1 L111%111IEIVI114rW111111I}11 ■I III Reception#: 802094 06/03/2011 12:26:02 PM Jean Alberico 20 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Old Orchard Subdivision — List of Drawings • Sheet 1 — Drainage/Grading Plan and Driveway Profile • Sheet 2 — Drainage/Grading Plan and Driveway Profile • Sheet 3 — Lot 3 Germing & Cross Sections Drawings Prepare by: SGM, Inc. Engineers and Surveyors 118 W. 6th Street Ste. 200 Glenwood Springs, CO 81601 (970) 945-1004 E1 .0505 100.00 20050 9E40, 51.93 1980 Cwt S r054 21.59 440 0.70 42.21 1579 4E054 Jeer riasar66£ 2422.10. sz32a- GRAPHIC SCALE R EtEI' - 5521.07 [OW PUT Ir SIAOM79S -l? Ff2l/ 5621.69 K-156 W................... Iopar 12^ RB SIA = 4,2990 'N 41,0 = 5890 66 .......110..... _x50........ 6.01000 0+00 0,0 55 8 f 54-00 2450 3+50 9450 55 4,00 4950 0300 5+50 60.00 6 SCHMs ESER J =NOON MEYEfi SCHMUESER GORDON MEYER ,18 W. 6010reureT, sunt 200 0.4.000 8'N,63, 0,5 .46 61601 (970) 045-1004 FAX (0701045-6446 46.66, 402043519 W701626-6727 727 C66,155 BMW, C0 I07C5 340.5355 LOTS 1-4 (EXHIBIT A) OLD ORCHARD SUBDIVISION oar mawvia S G9t'JnC PEP MA,Pa awfas2w VOW,' DRAINAGE/GRADING PLAN AND DRIVEWAY PROFILE .� rn 7009-2 5.ar — 07 RM my 09-56-179 1 m Jo6nwe 0440 OF 1111 ri v1iireaiI RheI L1 G oIC 11111 Reception#: 802094 05103!2011 12:28:02 PM Jean Alberico 21 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO OLD ORCHARD D.4/1,61.245" PROFILE CONTINUED 1521 6 980 00-5655.9: ,759.50 751" LC H75L5%Rr CEY= 555550.__-. MC, POINT 504 =6+etFo 1, - 6025,97 719 nzv .9 = -_e15 • 5057/M1G C117.5,- I�FlhvS:fED520 5,01111001 3 I4 �P H1 6+00 60-50 20 7150 .66-2,10,5 6E590,1 0.651. 011927 57517°6"" 1isr 1.0W 2 TYR APPLE ORCHHRO ACCESS CROSS--5EC770N * iV LEGEND arm 0.0.26 wr mar 9= ann., ettC,C �y—x�r rs�i r— aDCH0R0 ACCESS PROFILE Lot 3 2 a 5 Ac / ...,J /' f , / .��p urs rro merx oRraeu,r -PT.. -70555... a la � 1111.. aN Wm `„ cis 2600..02,.:, ,, i \, ter. I GRAPHIC SCALE CLAYE aRIE ca >n 50.00 50.00 4.2,L0~ 57.59 2555 7.01151707 32.25 12.91 CALM 51.51 5506 5595)'06'= 1!75423511' ,06.557 Pkg E2-1056.205 5 = 2520 � aT Al Lot 4 ...1�.I � -- I Lot 2 Aftvit REQ �gyW�eap A,S`O M. 4-'!. AJTLOI .225V 260500 2 0+SO 1105 1150 .00 6 55519115590 1 G0R0000 1 MEYER SCHMUESER GORDON MEYER la W. 000 ST010T, Burn Zoo 0u9+wa42$401000. COLCI950 01201 29701945-1004 FAX :9702 945-5940 ASPEN, COLOR.. 29701 925-0727 Cxmreo Burre, CO 29702 349-03513 LOTS 1-4 (EXHIBIT A) OLD ORCHARD SUBDIVISION 0012 111bA Or Ame Rata, sec0c5, vn9 uelawG£ a .000, PFR P.040055 0Y141252(X., A, r >nl/w 2009-555000 DRAINAGE/GRADING PLAN AND 6541 09-18—O9 DRIVEWAY PROFILE " I" 1 RM 2 • ve1 4iti):, ;mos! 1rthi'I I?rGi 11111 Receptioni4: 802094 05/03/2011 12:28:02 PM Jean R1berico 22 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 5660 5.00-0 0.11 244, 548,00 500 500l'Y asiaW ccnr 9140,0- CR51 GG0* SCALE: sq' ewz. 1E4T 8 8 0400 wx 0440 SECTION 1 0400 0,90 8 72, 8 8 0+00 0,20 0460 SECTION 2 0,80 54. 8 8 8 0,0 0,40 SECTION 3 .40111 FI0Y 508 59@500 W 8 0410 SECTION 5 0,00 SECTION 4 SECTION 6 6 801M2e8e14 I CORDON I mum SCHMUESER GORDON MEYER 18 W. earl Smacr, Sum 200 &ewr000 Srninos, COWN'DO 8 1 5o 1 0870) 895-1004 PAX 0870) 895-5848 434441, COLORADO (870) 925.0727 C.8808e2 85,12. CO 0270) 348-5355 LOTS 1--4 (EXHIBIT A) OLD ORCHARD SUBDIVISION rr o000coo SEVII sus. ON 0-120 7„0 LOT 3 BERMING & CROSS --SECTIONS .m r5. 2009-,115501 Drown MLC 5/20/10 3 a� la, OF ■Ill IiiROAM! 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean I1berico 23 of 37 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 4 1111 Pi. corehr r#':IiIalowlecroio1 i 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 24 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B.C. Excavation & Construction P.O. Box 1144 Dolores, Co. 81323 Bid Proposal For The Old Orchard Subdivision Description QTY UNIT UNIT PRICE PRICE Mobilization 1.00 LS 500.00 $ 500.00 Clear And Grub 1.00 LS $ 150.00 $ 150.00 Silt Fence 317.00 LF $ 1.38 $ 437.46 Erosion Logs ( Check Dams) 2.00 EA $ 87.88 $ 175.76 Excavation 713.27 CY $ 7.70 $ 5,492.18 Embankment 50.00 CY $ 4.00 $ 200.00 18" CMP 50.00 LF $ 46.70 $ 2,334.90 18" Bands 2.00 EA $ 44.82 $ 89.64 18" Flared End Sections 2.00 EA $ 129.53 $ 259.05 12" CMP 30.00 LF $ 27.77 $ 833.10 12" Band 1.00 EA $ 36.77 $ 36.77 12" Head Gate 1.00 EA $ 611.00 $ 611.00 12" Flared End Section 1.00 EA $ 75.42 $ 75.42 8" Utility Sleeves 30 L.F. x 2 30.00 LF $ 29.00 $ 870.00 600 L.F. 1" Water Service Line 600.00 LF $ 14.50 $ 8,700.00 Pump House, Pressure Switch, Water Tank 1.00 LS $ 600.00 $ 600.00 Pipe Removal 1.00 LS $ 200.00 $ 200.00 Grizzly Pitrun 1342.00 TN $ 12.50 $ 16,775.00 Class # 2 - 3" minus for CDOT ROW 105.00 TN $ 23.50 $ 2,467.50 Class 6 (Spec 3/4" Base Course) 671.00 TN $ 25.04 $ 16,801.84 New Fence 1.00 LS $ 5,000.00 $ 5,000.00 Saw Cut Asphalt 92.00 LF $ 3.50 $ 322.00 Fabric (mirafi 500X) 2398.28 SY $ 1.10 $ 2,638.11 Revegetatiion 1.00 LS $ 1,000.00 $ 1,000.00 Traffic control Plan 1 LS $ 95.00 $ 95.00 Traffic Control 5 Days $ 787.00 $ 3,935.00 Pave The Entrance 1 LS $ 3,000.00 $ 3,000.00 10% Contingency 1 $ 7,359.97 $ 7,359.97 Sub total $ 73,599.73 Total With 10 % contingency $ 80,959.70 Old Orchard Bid Proposal Exhibit B-• j embank, Extli dor+ C-1 U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING GROUP 111 S.W. FIFTH AVE., SUITE 500 PORTLAND, OREGON U.S.A. 97204 SWIFT: USBKUS44PDX FAX: (503)275-5132 MARCH 21, 2011 1111 An. 11400+L IONIVIIVI Mil 11111 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 25 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO IRREVOCABLE STANDBY LETTER OF CREDIT BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO CIO BUILDING AND PLANNING DEPARTMENT 108 8T STREET, SUITE 213 GLENWOOD SPRINGS, CO 81601 APPLICANT: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, CO 81601 LET IER OF CREDIT NUMBER: SLCPPDX05315 EXPIRY DATE: NOVEMBER 2, 2012 AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT ADDRESS INDICATED ABOVE. AMOUNT: NOT EXCEEDING US$79,959.70 (SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS) WE HEREBY ISSUE AT THE REQUEST OF THE APPLICANT IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCPPDX05315 IN AN AMOUNT NOT TO EXCEED SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS ($79,959.70). THE PURPOSE OF THIS LETTER IS TO SECURE THE APPLICANT'S PERFORMANCE OF AND COMPLIANCE WITH THE AGREEMENT BETWEEN APPLICANT AND BENEFICIARY, DATED AND TITLED THE OLD ORCHARD SUBDIVISION IMPROVEMENTS AGREEMENT ("SUBDIVISION IMPROVEMENTS AGREEMENT"). THIS LETTER OF CREDIT EXPIRES AT THE COUNTERS OF U.S. BANK NATIONAL ASSOCIATION, 111 SW FIFTH AVE., SUITE 500, PORTLAND, OREGON 97204, AT 5:00 P.M. PACIFIC TIME ON NOVEMBER 2, 2012. THIS LETTER IS NOT TRANSFERABLE. THIS LETTER OF CREDIT IS AVAILABLE BY PAYMENT BY DRAFT(S) DRAWN AT SIGHT ON U.S. BANK NATIONAL ASSOCIATION PRESENTED TO OUR BRANCH LOCATED AT 1901 GRAND AVENUE, GLENWOOD SPRINGS, CO 81601 WHO IN TURN WILL SEND THE DRAWING VIA OVERNIGHT COURIER TO THE LETTER OF CREDIT DEPARTMENT. DRAFT(S) ARE TO BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S SIGNED STATEMENT EXECUTED BY THE CHAIRMAN OF THE BOCC OR THE BOCC'S AUTHORIZED DESIGNEE STATING: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI, DEVELOPERS OF THE OLD ORCHARD ***THIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315*** embank. ■II! PIA Nadi WitrITLITIL ION ill Reception#: 802094 05/03/2011 12:28:02 PM Jean falberico 26 of 37 Reo Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO SUBDIVISION ARE IN DEFAULT OF THEIR OBLIGATIONS SET FORTH IN THAT CERTAIN SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN ROC ANTHONY GABOSSI AND MARY ANN GABOSSI AND THE BOCC, DATED AND RECORDED AS RECEPTION NUMBER IN BOOK AT PAGE OF THE REAL ESTATE RECORDS OF THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER. 2. THE ORIGINAL LETTER OF CREDIT. TELEFACSIMILE OF THE DRAW DOCUMENTS IS ACCEPTABLE TO OUR FAX NO. (503)275-5132. THE FAX PRESENTATION SHALL BE DEEMED THE ORIGINAL PRESENTATION. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO BANK BY OVERNIGHT COURIER AT THE TIME OF FAX PRESENTATION. WE WILL REMIT PROCEEDS PER YOUR WIRE INSTRUCTIONS. PARTIAL DRAWINGS ARE PERMITTED. THE BENEFICIARY MAY AUTHORIZE REDUCTIONS OF THE FACE AMOUNT OF THIS LETTER OF CREDIT FROM TIME TO TIME BY PRESENTING THEIR SIGNED STATEMENT TO THAT EFFECT. THIS LETTER OF CREDIT AND AMENDMENTS, IF ANY, MUST BE RETURNED TO US IF CANCELLING EARLY WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING: "THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY THE BOCC AND IS HEREBY RETURNED TO THE ISSUING BANK FOR CANCELLATION." DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER U.S. BANK NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLCPPDX053 15." THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 AND THE LAWS OF THE STATE OF COLORADO. IN THE EVENT OF A CONFLICT, THE LAWS OF THE STATE OF COLORADO WILL PREVAIL. VENUE FOR ANY JUDICIAL PROCEEDING PERTAINING TO THIS LETTER OF CREDIT SHALL BE IN A COURT OF COMPETENT JURISDICTION IN GARFIELD COUNTY, COLORADO. WE HEREBY ENGAGE WITH YOU THAT DRAFTS) DRAWN AND/OR DOCUMENTS PRESENTED AND NEGOTIATED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. U.S. BANK NATIONAL AS • CIATION A MEMBER EDF THE F .. r ERAL SERVE SYSTEM EAC 6 STANDBY LETTERS OF CREDIT LORI E. ROWELL ASSISTANT VICE PRESIDENT ***THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315*** III Fitiuniumikurr whom ®1111 Reception#: 802093 05/03/2011 12:28:02 PM Jean Rlberloo 1 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO � GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT n��''�` i �� 1 l toff RENEGE±ATION THjIS GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT - j�jc-{154'�✓+ REVEGETATION ("Deposit Agreement") is entered into by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"), the Garfield County Treasurer, Georgia Chamberlain ("Treasurer") , and +, :� o, .4 1�� C.rye, ("Owner Recitals 1.i. The BOCC approved the Owner's Application for ✓t.��L �'�'h�"i-''``',°-t- by means of Resolution No. ("Resolution"), recorded at reception no. &61,0 3 cri, of the Garfield County Clerk and Recorder's Office and incorporated by this reference 2. The Resolution requires provision of "Security for Revegetation" as defined in condition of the Resolution, and Owner wishes to deposit good funds for such security. 3. The BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit Agreement as such financial assurance.. 4. The Treasurer is willing and able to hold such funds in accordance with the Treasurer's statutory duties outlined in Sections 30-10-701, et seq. and 30-1-102, C.R.S., as amended. Agreement NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows: 1. Revegetation Treasurer's Account. Owner shall deposit with the Treasurer the sum of Dollars ($ k.,rao.eo ) to secure revegetation as required in the Resolution. In consideration of the service fee payable to the Treasurer, identified in Paragraph 2, below, the Treasurer shall place the funds in an interest bearing account and disburse funds therefrom in accordance with the terms of this Deposit Agreement. Such account shall be known as the �,:bj_ti�,,.,Revegetation Treasurer's Account" and shall be subject to the terms and conditions of this Deposit Agreement. 2. Treasurer's Service Fee. The Treasurer's service fee Page 1 of 6 TDA - Updated 03/09 FR 111ri,FRIPJ MIJ I {r. JL4 `i r"III°I VIn, 1111funioaIrciw G'I+',Mill 11111 Reception#: 802093 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 06/03/2011 12:28:02 PM Jean Rlberico 2 of 7 Rec Fee:$0.00 Doo Fee:0.00 GARFXELD COUNTY 28 of 37 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO shall be, in accordance with Section 30-1-102(1)(c), C.R.S., as amended, one percent (1.0%) of the deposited funds, i.e., dollars and 0,0 cents ($10.00 ) . The service fee covers administrative costs incurred by the Treasurer in distributing and accounting for the pa r, .-,\ Revegetation Treasurer's Account. Such fee shall be paid by Owner in cash or by check made payable to the Garfield County Treasurer, as noted in the "Receipt" section of this Deposit Agreement (page 6), on or before the date of execution of this Deposit Agreement. The service fee is deemed to be earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on the ✓i Revegetation Treasurer's Account shall be paid to Owner as part of the single disbursement detailed in Paragraph 3., below. The Treasurer shall thereafter provide to Owner a report of interest earned, as required by state and federal tax law. Owner shall providea completed Form W-9 to the Treasurer at the time the deposit is made. 3. Disbursement Procedure. Disbursement from the Al 0, d, {,,,4 t:„,t, j":�,s„z ,, Revegetation Treasurer's Account shall be made by the Treasurer upon the written directionof the BOCC, as follows: A. Request for Review and Approval. Upon complying with the two year revegetation requirements, Owner shall obtain written approval by the Garfield County Vegetation Management Department of the required revegetation work. B. Deficiencies. If the Garfield County Vegetation Management Department refuses approval of the success of revegetation, the Garfield County Vegetation Management Department shall provide written notice of deficiency in substantial compliance with the provisions of condition of the Resolution, and Owner shall correct the identified deficiencies. C. Single Request for Disbursement. This Deposit Agreement does not provide for successive partial releases or disbursements from the e 4 G,,, ,,„.,G,r,,,;y, Revegetation Treasurer's Account. One (1) final disbursement shall be requested by Owner, upon completion of Revegetation. Owner specifically recognizes and agrees that partial releases are not allowed as outlined in condition of the Resolution. D. Request for Disbursement/Release. Owner shall request disbursement by means of a written "Request for Disbursement,” addressed to the BOCC and delivered to the Garfield County Building and Planning Department. The Request for Disbursement shall be accompanied by an approval statement from the Garfield County Vegetation Management Department in Page 2 of 6 TDA - Updated 03/09 1111 Fi aiIoit MUM 1e'P#� Receptian#: 802093 05/03/2011 12:28:02 PM Jean plberico 3 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1111n PorehrL'1id 11fiCGtP'P otis+ic1ign mi 11 Reception#: 802094 05/03/2011 12:28:02 PM Jean Rlberico 29 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO accordance with the requirements of the Resolution. E. BOCC's Acknowledgment and Direction. Upon review of the submittals required by subparagraph D., above, if the BOCC approvesthe statement from the Garfield County Vegetation Management Department, the BOCC shall issue its "Acknowledgment of Satisfaction and Direction to Treasurer", in a form substantially similar to that document attached to and incorporated herein by reference as "Exhibit A". F. BOCC's Completion of Revegetation. If Owner's revegetation success is deemed unsatisfactory, in the sole discretion of the BOCC, within the period of time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or cannot complete the revegetation under the IA, the BOCC may withdraw and employ from the DU p,,.„;,�,; ,��1 ;r, ,, Revegetation Treasurer's Account such funds as may be necessary to carry out the revegetation. If funds are inadequate, responsibility to complete remaining Revegetation shall be that of the Owner, not the BOCC. If the BOCC elects to complete the Owner's revegetation work, expenditure on the effort. shall be no more than the principal amount of the t)L t.9.73Lej G e� Revegetation Treasurer's Account, plus interest, if interest is due Owner. If the cost of the revegetation to the BOCC is less than the amount available, the BOCC shall return the overage to Owner within a reasonable period of time following completion by the BOCC. 4. Term. The term of this Deposit Agreement shall begin on the date of execution, as defined below, and end on or before two years following approval of the Resolution. If Owner has failed to complete the Revegetation within this term, all funds held under this Agreement shall continue to be maintained by the Treasurer until needed for completion of revegetation by the BOCC under paragraph 3F. 5. Waiver, Consent and Indemnity. Owner consents to the disbursement procedure and other actions authorized and provided for by the terms of this Deposit Agreement. Owner waives any claim against the BOCC, the Treasurer, their officers, employees, agents and contractors, on account of each of their good faith performance of their obligations under this Deposit Agreement. -Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer, their officers, employees, agents and contractors, from and against any claim made on account of this Deposit Agreement. 6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend, indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each waive any claim against the Treasurer involving this Deposit Agreement, unless Page 3 of 6 TDA - Updated 03/09 ■III 141101 I7�� �ll1�h�N➢NNh�II iCPji 1.I l +t���i i 1111 II�i 1060 .' 111111 Reception#: 802094 05!03/2011 12:28:02 PM Jean Alberico 30 of 37 Rec Fee:$0.00 Qac Fee:0.00 GRRFIELD COUNTY CO Reception#: 802093 05/03/2011 12:28:42 PM Jean Alherico 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO such claim is premised upon the wanton and willful misconduct of. the Treasurer. 7. Binding Effect. This Deposit Agreement shall be binding on the successors and assigns of all parties and shall terminate upon final disbursement of funds held by the Treasurer in the okl 0rJ G,,,,LJ,..ttAw,, Revegetation. Treasurer' s Account. 8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of governmental immunity applicable to the BOCC under Colorado law. 9. No Agency. The making and execution of this Deposit Agreement shall not be deemed to create a partnership, joint venture, or agency or fiduciary relationship among the parties. 10. Integration. This Deposit Agreement constitutes the entire agreement among the parties pertaining to the method of deposit and disbursement of the *i 0.- Revegetation Treasurer's Account. No supplement, modification or amendment of this Deposit Agreement, other than changes as to notice information, shall be binding unless executed in writing in a document of equal formality as this Deposit Agreement. 11. Notices. Any notice required or permitted by this Deposit Agreement shall be given in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, or by certified return receipt requested U.S. Mail or receipted delivery service to: BOCC c/o Building & Planning Dept attn: Fred Jarman, Director 108 8th Street, 4th Floor Glenwood Springs, CO 81601. Phone: (970) 945-8212 Garfield County Treasurer Georgia Chamberlain 109 8th Street, Suite 204 Glenwood Springs, CO 81601 Phone: (970) 945-6382 Owner TDA - Updated 03/09 Page 4 of 6 1111 llrs��4i� MiG# 1 ail tormim'l hilVialliriR10112A Rik 11111 Reception#: 802093 05/03/2011 12:28:02 PM Jean A1berica iieeep1 802094 5 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 05/03/2011 12:28:02 PM Jean e:0e ico 31 of 37 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO &2&UJ -IS INe 5 r W LA kv 1 (11.0'S Phone: Changes in address, phone number and identity of contact person(s) shall be made in writing, and may be made without formal amendment of this Deposit Agreement. WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date of execution by the BOCC, as beneficiary, noted below. ATTEST: TDA - Updated 03/09 BENEFICIARY: ARD OF COCOMMISSIONERS GA FIELD C@ NTY. COLORADO DEPOSIT GARFIELD OUNTY T'. .'ER By: Georgia Chamberlain, Treasurer Date: "T - L " z. © i 1 DEPOSITOR/OWNER: Page 5 of 6 M1 Recept ion#: 802093 05/03/2011 12:28:02 PM Jean Alberico 6 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO State of Colorado )ss. County of Garfield 1111 MAW VW* 1:1110.11iINVICill 11 11 1 Reception#: 802094 05/03/2011 12:28:02 PM Jean Alberico 32 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Date: 44-/-4-11 Subscribed and sworn to before me this 41 day of JtiaSCJ , 2014 , by --KOC An-topylj An-tope aba55i 1-46 A ii.i C-ia oossi' Witness my hand and official seal. 0 a/DzZa My Commission expires: RECEIPT Check No. Cash '�q0 ; or Notary 'ublic Form W-9: Received By: `� -�- 6✓Ui. Print Name: 6-e..01(.6; Gk ca wn.G r, -{a r' Title: .l LLV-hq `v-A---w.Lah1 Office of the Treasurer Date: -(9 16 Form 1099 shall be sent to: MyFiles/PLAN/2009 FORM$/20Q9 TDA REVEG TDA - Updated 03/09 6.0 Page 6 of 6 1111 FAFPiirliffill.Mill1111.1,111 1011 ,Irilli{iil Reception#: 802093 05(03/2011 12:28:02 PM Jean Alberico 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1111 M6 VOW N5 Hi 11 11 1 Reception 802094 05/03/2011 12:20:02 PM Jean Alberico 33 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT IK REQUEST FOR FINAL RELEASE OF REVEGETATION LETTER OF CREDIT/TREASURER'S DEPOSIT AGREEMENT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of revegetation work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Completion and approve cancellation and full release of the Treasurer's Deposit Agreement and the funds held thereby. Attached is the original cost estimate and certified work completed schedule showing that revegetation required by the Subdivision Improvements Agreement and secured by the Treasurer's Deposit Agreement has been completed. Based upon periodic observation and testing, the revegetation has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further infounation is needed, please contact at Owner's Representative/Engineer 1111 r.6 11111 Reception#: 802094 05/03/2011 12:28:02 PN Jean Rlberico 34 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT D WRITTEN REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman; Director 108 8th Street, Suite 401 Glenwood Springs, CO 81 601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Partial Completion and approve a reduction in the face amount of the Letter of Credit in the amount of $ to a reduced face amount of $ Attached is the original cost estimate and certified work completed schedule showing: Cost Estimate Work Completed (less 10%) Reduced Face Amount of LOC Based upon periodic observation and testing, the construction has been completed, to date, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact Owner's Representative/Engineer 1111 miciPpirou Nie it r,u.'N 10:h411145'41i I/ 11111 Reception#: 802094 05/0312011 12:28:02 PM Jean Rlberico 35 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT E REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Final Completion and approve cancellation and full release of the Letter of Credit. Attached is the original cost estimate and certified work completed schedule showing that all improvements required by the Subdivision Improvements Agreement and secured by the Letter of Credit have been completed. Based upon periodic observation and testing, the construction has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact at Owner's Representative/Engineer ■111 i ' IL itt� i41i «4CE� � i� �I iii Reception#: 802094 05/03/2011 12;28:02 PM Jean Alberzco 36 of 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT F REQUEST FOR FINAL RELEASE OF REVEGETATION LETTER OF CREDIT/TREASURER'S DEPOSIT AGREEMENT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of revegetation work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Completion and approve cancellation and full release of the Treasurer's Deposit Agreement and the funds held thereby. Attached is the original cost estimate and certified work completed schedule showing that revegetation required by the Subdivision Improvements Agreement and secured by the Treasurer's Deposit Agreement has been completed. Based upon periodic observation and testing, the revegetation has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact at Owner's Representative/Engineer ■III11VIDMIDEM4011449MOC1+ A11 11l lil Reception#: 802094 05/03/2011 12:26:02 PM Jean Plberic0 37 of 37 Rec Fee:$0.00 Doc Fee:t.00 GRRFIELD COUNTY CO EXHIBIT G NOTICE TO POTENTIAL PURCHASERS OF LOTS Please be advised of the following restrictions on building permits and certificates of occupancy: 1. The Board of County Commissioners of Garfield County may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision for violation of the Subdivision Improvements Agreement for the Old Orchard Subdivision between the Board of County Commissioners and Roc Gabossi and Mary Ann Gabossi recorded as Reception No. in the Office of a Garfield County Clerk and Recorder. 2. No building permit shall be issued unless Roc Gabossi and May Ann Gabossi demonstrate to the satisfaction of the Glenwood Springs Rural Fire Protection District, if the District has so requires, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. 3.No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation have been completed and are operational and all requirements of the Preliminary/Final Plan Approval have been satisfied as required by the Subdivision Improvements Agreement. 4. No additional building development on Lot drainage/debris flow analysis has been performed. upon specific recommendations derived from drainage/debris flow analysis shall be supplied to application for Lot 1. 1 shall be permitted until an additional Additional development may be permitted the drainage/debris flow analysis. The Garfield County with any building permit •v111111M61111APANVILDNIMODINelmAilritlfri 11101 Reception#: 802093 05/03/2011 12:29;02 PM Jean Rlberico 1 of 7 Ren Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2'44$3 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT f Owner: I 4,171 ` - i c 1� �u (e)A 7.� /A4,-1utdod (;11),�,�1 (.0 b 1 ot7 i REV�GE"ATION c. THIS . GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT old- D � �- 4.r(01;_4 1`,,-' REVEGETATION ("Deposit Agreement") is entered into by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"), the Garfield County Treasurer, Georgia Chamberlain ("Treasurer") , and pi,6,,- ,,.n,,i ALA44,�,� f.�, !�4_Le;4, kr ("Owner"). Recitals _1.1 The BOCC approved the Owner's Application for by means of Resolution No.("Resolution"), recorded at reception no. E,420-.--1 of the Garfield County Clerk and Recorder's Office and incorporated by this reference. 2. The Resolution requires provision of "Security for Revegetation" as defined in condition of the Resolution, and Owner wishes to deposit good funds for such security. 3. The BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit Agreement as such financial assurance. 4. The Treasurer is willing and able to hold such funds in accordance with the Treasurer's statutory duties outlined in Sections 30-10-701, et seq. and 30-1-102, C.R.S., as amended. Agreement NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows: 1. Revegetation Treasurer's Account. Owner shall deposit with the Treasurer the sum of 0" --ii,t,044.,, l Dollars ($ kl too . o' ) to secure revegetation as required in the Resolution. In consideration of the service fee payable to the Treasurer, identified in Paragraph 2, below, the Treasurer shall place the funds in an interest bearing account and disburse funds therefrom in accordance with the terms of this Deposit Agreement. Such account shall be known as the "e,(I eir-t C1.3(O itg,,�,,, Revegetation Treasurer's Account" and shall be subject to the terms and Conditions of this Deposit Agreement. 2. Treasurer's Service Fee. The Treasurer's service fee TDA - Updated 03/09 Page 1 of 6 ■111 ri MAU:MI KR 1411Wl11'li , AN, 16 1111 Reception#: 802093 05/03/2011 12:28:02 PM Jean Plberico 2 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO shall be, in accordance with Section 30-1-102(1)(c), C.R.S., as amended, one percent (1.0%) of the deposited funds, i.e., `j"-e;rk dollars and 10,, cents ($ lo. ov ) . The service fee covers administrative costs incurred bythe Treasurer in distributing and accounting for the ed �e �ra,n Revegetation Treasurer's Account. Such fee shall be paid by Owner in cash or by check made payable to the Garfield County Treasurer, as noted in the "Receipt" section of this Deposit Agreement (page 6), on or before the date of execution of this Deposit Agreement. The service fee is deemed to be earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on the eA.1 Revegetation Treasurer's Account shall be paid to Owner as part of the single disbursement detailed in Paragraph 3., below. The Treasurer shall thereafter provide to Owner a report of interest earned, as required by state and federal tax law. Owner shall provide a completed Form W-9 to the Treasurer at the time the deposit is made. 3. Disbursement Procedure. Disbursement from the 06 p ,�4 „1„:;‘,,;,, Revegetation Treasurer's Account shall be made by the Treasurer upon the written direction of the BOCC, as follows: A. Request for Review and Approval. Upon complying with the two year revegetation requirements, Owner shall obtain written approval by the Garfield County Vegetation Management Department of the required revegetation work. B. Deficiencies. If the Garfield County Vegetation Management Department refuses approval of the success of revegetation, the Garfield County Vegetation Management Department shall provide written notice of deficiency in substantial compliance with the provisions of condition of the Resolution, and Owner shall correct the identified deficiencies. C. Single Request for Disbursement. This Deposit Agreement does not provide for successive partial releases or disbursements from the Oki. pv..��;s, Revegetation Treasurer's Account. One (1) final disbursement shall be requested by Owner, upon completion of Revegetation. Owner specifically recognizes and agrees that partial releases are not allowed as outlined in condition of the Resolution. D. Request for Disbursement/Release. Owner shall request disbursement by means of a written "Request for Disbursement," addressed to the BOCC and delivered to the Garfield County Building and Planning Department. The Request for Disbursement shall be accompanied by an approval statement from the Garfield County Vegetation Management Department in Page 2 of 6 TDA - Updated 03/09 1111 li h FRIFE4111. WA Hi 11111 Reception#: 802093 05/03/2011 12:28:02 PM Jean Rlberico 3 of 7 Rec Fee:$0.00 Doc Fee:0.00 GORFIFLD COUNTY CO accordance with the requirements of the Resolution. E. BOCC's Acknowledgment and Direction. Upon review of the submittals required by subparagraph D., above, if the BOCC approves the statement from the Garfield County Vegetation Management Department, the BOCC shall issue its "Acknowledgment of Satisfaction and Direction to Treasurer", in a form substantially similar to that document attached to and incorporated herein by reference as "Exhibit A". F. BOCC's Completion of Revegetation. If Owner's revegetation success is deemed unsatisfactory, in the sole discretion of the BOCC, within the period of time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or cannot complete the revegetation under the IA, the BOCC may withdraw and employ from the 41c1 octirv,,� � �; �,, Revegetation Treasurer's Account such funds as may be necessary to carry out the revegetation. If funds are inadequate, responsibility to complete remaining Revegetation shall be that of the Owner, not the BOCC. If the BOCC elects to complete the Owner's revegetation work, expenditure on the effort. shall be no more than the principal amount of the oUU 0,4„J G,,_,LLE.Au:,,,, Revegetation Treasurer's Account, plus interest, if interest is due Owner. If the cost of the revegetation to the BOCC is less than the amount available, the BOCC shall return the overage to Owner within a reasonable period of time following completion by the BOCC. 4. Term. The term of this Deposit Agreement shall begin on the date of execution, as defined below, and end on or before two years following approval of the Resolution. If Owner has failed to complete the Revegetation within this term, all funds held under this Agreement shall continue to be maintained by the Treasurer until needed for completion of revegetation by the BOCC under paragraph 3F. 5. Waiver, Consent and Indemnity. Owner consents to the disbursement procedure and other actions authorized and provided for by the terms of this Deposit Agreement. Owner waives any claim against the BOCC, the Treasurer, their officers, employees, agents and contractors, on account of each of their good faith performance of their obligations under this Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer, their officers, employees, agents and contractors, from and against any claim made on account of this Deposit Agreement. 6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend, indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each waive any claim against the Treasurer involving this Deposit Agreement, unless Page 3 of 6 TDA - Updated 03/09 1111 '617101414.10%4N!,ti0111Cfrlfili+X +i' I1 Ilfii 11111 Reception#: 802093 0S/03/2011 12:28:02 PM Jean Aiberioo 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO such claim is premised upon the wanton and willful misconduct of the Treasurer. 7. Binding Effect. This Deposit Agreement shall be binding on the successors and assigns of all parties and shall terminate upon final disbursement of funds held by the Treasurer in the ©a. tore .. L,,11.ei4,+,,,,, Revegetation Treasurer' s Account. 8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of governmental immunity applicable to the BOCC under Colorado law. 9. No Agency. The making and execution of this Deposit Agreement shall not be deemed to create a partnership, joint venture, or agency or fiduciary relationship among the parties. 10. Integration. This Deposit. Agreement constitutes the entire agreement among the parties pertaining to the method of deposit and disbursement of the b+j o,,zLj Revegetation Treasurer's Account. No supplement, modification or amendment of this Deposit Agreement, other than changes as to notice information, shall be binding unless executed in writing in a document of equal formality as this Deposit Agreement. 11. Notices. Any notice required or permitted by this Deposit Agreement shall be given in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, or by certified return receipt requested U.S. Mail or receipted delivery service to: BOCC c/o Building & Planning Dept attn: Fred Jarman, Director 108 8th Street, 4th Floor Glenwood Springs, CO 81601 Phone: (970) 945-8212 Garfield County Treasurer Georgia Chamberlain 109 8th Street, Suite 204 Glenwood Springs, CO 81601 Phone: (970) 945-6382 Owner f GL A tat m y b� vw� 14.=�o 4, t \ Page 4 of 6 TDA - Updated 03/09 1111n �4i� 11111INICAVICIIVIII#110111111 Ill Reception#: 802093 05/03/2011 12:28:02 PM Jean Rlberico 5 of 7 Rec Fee:$0.00 Don Fee:0.00 GPRFIELD COUNTY CO 6,0 `tf \ Phone: t io/9 Changes in address, phone number and identity of contact person(s) shall be made in writing, and may be made without formal amendment of this Deposit Agreement. WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date of execution by the BOCC, as beneficiary, noted below. ATTEST: it...wt. MCk to the . �C ,,,, O ei.A. F, SEALs t ►.—ULORPO. TDA - Updated 03/09 BENEFICIARY: ARD QF COINTY COMMISSIONERS GA IELD C,e► NTY, COLORADO By: Joh Date: DEPOSIT GARFIELD OUNTY T'`':'ER By: Georgia Chamberlain, Treasurer Date: Lf -G-1.011 DEPOSITOR/OWNER: By 7) ,� „fie Page 5 of 6 1111 W1 M% WIN1105101010:56 109101010:56 LOAN 111111 Reception#: 802@93 05/03/2011 12:26:02 PM Jean A1berico 6 of 7 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Date: q" z4" 11 State of Colorado ) ) ss. County of Garfield ) Subscribed and sworn to before me this Al day of /Iva) 20$1 r by jOC A i-ficj eiabo55, U.+1ci ViAblj Aiv1 (&L cs5i Witness my hand and official seal. My Commission expires: g a Dz1a, RECEIPT Check No. 4 C O Cash Form W-9: Received ; or Notary ublic By: Print Name: CI-eio(9 r Cho._vn G k�a itle: rLK �4 7"v`-e_a,_5& '1 ohJ Office of the Treasurer Date: -(9-- 2-011 Form 1099 shall be sent to: MyFiles/PLAN/2009 FORMS/2009 TDA REVEL TDA -- Updated 03/09 cue°e—C_— ctLv r l� f 2 Page 6 of 6 1111 rilli iVilliMINLI MI IY .I01.11I4 11111 Reception#: 802093 05103/2011 12:28:02 P[1 Jean Rlberico 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A REQUEST FOR FINAL RELEASE OF REVEGETATION LETTER OF CREDIT/TREASURER'S DEPOSIT AGREEMENT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of revegetation work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Completion and approve cancellation and full release of the Treasurer's Deposit Agreement and the funds held thereby. Attached is the original cost estimate and certified work completed schedule showing that revegetation required by the Subdivision Improvements Agreement and secured by the Treasurer's Deposit .Agreement has been completed. Based upon periodic observation and testing, the revegetation has been completed, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC'•s representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact at Owner's Representative/Engineer 1111 M.li ii+L 1kl041, Iftlodi.14NIVilellii IAA Mid 11111 Reception#: 802098 05/03/2011 12:28.02 PM Jean Alberico 1 of 5 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO DECLARATION OF WELL WATER USE AND MAINTENANCE THIS DECLARATION is made this Ail' day of 4 ,,.:i 2011, by Roc Anthony Gabossi and Mary Ann Gabossi ("Declarants") hose address is 44523 Highway 6, Glenwood Springs, Colorado 81601. WHEREAS, Declarants are the owners in fee of those real properties described as Lots 1, 2, 3 and 4, Old Orchard Subdivision, Garfield County, Colorado. Said Lots 1, 2, 3 and 4 are referred to hereinafter collectively as "the Lots;" WHEREAS, Declarants are the owners of a water well located within the Old Orchard Subdivision which is located on Lot 1 ("Bowles Well") and permitted under Colorado Division of Water Resources Permit No. 52966 for in-house use in 1 single family residence; WHEREAS, The Owner of Lot 1 shall be deemed to own the entirety of the Bowles Well pursuant to the terms of the well permit. The Bowles Well shall not be further subject to this Declaration unless expressly stated herein; WHEREAS, Declarants also are the owners of a water well located within the Old Orchard Subdivision ("Bowles Well No. 2") which is located on Lot 3 and permitted under Colorado Division of Water Resources Well Permit No. 68856-F and conditionally decreed in Case No. 97CW162, Dis ric't Court, Water Division 5, Garfield County, Colorado ("the Water Decree") for in-house domestic use in 3 single family residences and 1 accessory dwelling unit; WHEREAS, Bowles Well No. 2 is augmented by the Dorothy L. Bowles Augmentation Plan also decreed in Case No. 97CW162, District Court, Water Division 5, Colorado ("the Augmentation Plan") consisting of the Bowles Diversion and the Bowles Pond First Enlargement; WHEREAS, the Bowles Well No. 2, the Bowles Diversion and the Bowles Pond, First Enlargement is also subject to the that Water Agreement between Declarants and Conrad L. Wagner and Marsha L. Wagner recorded on September 17, 2010 in the Office of the Garfield County Clerk and Recorder as Reception No.791618 and the Amendment to Water Agreement between Declarants and Conrad L. Wagner and Marsha L. Wagner recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 7, top r 4 S on '3/ 2$ , 2011 (collectively "the Water Agreements"); and WHEREAS, by this Declaration, it is the intent of Declarants to establish a regime governing the joint use of Bowles Well No. 2 by the future owners ("the Owners") of the Lots consistent with the Well Permit and the Water Agreements. NOW THEREFORE, Declarants set forth the regime governing joint use of the Well by the Owners of the Parcels as follows: Jt' ■111 F 1111 IWC!?1115Iria. 11111 Reception#: 802098 05/0312011 12:20:02 PM Jean 01bericc 2 of 5 Rec Fee:$31.00 Dec Fee:0.00 GARFIELD COUNTY CO 1. Declarants have previously declared themselves to be an unincorporated non- profit association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act, known as the Old Orchard Subdivision Homeowners Association ("the Association"). The Association shall be responsible for enforcing and acting upon the terms and provisions contained herein. If, however, the Association fails to take action, these terms and provisions may be enforced and acted upon by the owner of any of the Lots, their successor and assigns. 2. Declarants hereby convey and have also conveyed by Quit Claim Deed recorded as Reception No. 301 09'1 in the Office of the Garfield County Clerk and Recorder to the Association, Bowles Well No. 2, plus all related equipment and fittings, including but not limited to, the well permit, well, well pump, pump house, storage tank measuring devices (whether existing now or to be installed at a later time), and any pipes or pipelines and any other structures which are jointly used and a proportionate 25% interest in the Augmentation Plan. The interest in storage in the Bowles Pond is for augmentation and fire protection use only. Lots 2, 3, and 4 cannot access the Bowles Pond for fish culture, livestock and wildlife watering. 3. Lots 1, 2, 3 and 4 shall each be entitled to use an undivided 1/4th share of the Bowles Well No. 2. Lot 1 shall use the Bowles Well No. 2 for an accessory dwelling unit. 4. Neither the Association nor the Owners of Lots are deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the Owner of another of the Lots which may utilize any portion of the water flowing from the Well and their respective structures. Nothing in this Declaration shall be construed to give the Association or any Owner any rights to such non -shared property of the other Owner or to obligate the Association or any Owner to pay any costs associated with non -shared structures. 5. The Owners shall cooperate with the Association and each other at all times in all matters necessary to promote the proper functioning and use of the water system in such manner as to provide an optimum water supply at all times possible based upon the physical availability of water. The Owners shall agree to not waste water and to endeavor to use no more than their respective shares of the available water. Waste or over -use shall be deemed to be a violation of this Declaration for which the Association and/or the non -defaulting Owner(s) may seek a remedy at law or equity for damages or for injunctive relief, or both. 6. The Owners of Lots 1, 2, 3 and 4 shall use no more than1/4th each of the water legally allocated to the Well. In the event the water physically available from Bowles Well No. 2 is less than the legally available amount, then all Owners of such Well shall proportionately reduce the consumption of same to the amount actually available. In no event shall the Well be pumped at a rate exceeding that approved in the Well Permit. Pursuant to the Well Permit, there shall be no outside use of water from Bowles Well No. 2. The use of water from the Well must provide for return flow through an individual disposal system of the non -evaporative type, returning the water to the watershed in which the Well is located. 7. Declarants shall be responsible for the initial cost of constructing the well system, including but not limited to the well pump, pump house, storage tank and jointly used pipe lines and initial compliance with the Augmentation Plan. Following the initial construction, 1111rrn4iiuivai Ii .i hVIA 141111>ti 11111 Reception#: 802098 05/0312011 12:28:02 PM Jean Alberico 3 of 5 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO the actual and continuing costs of operation, maintenance, electrical costs, construction, extension, upgrading, cleaning, repairing, all other work required on shared components of this water system, including the Bowles Pond, First Enlargement, and Bowles Diversion structures related to the Augmentation Plan, shall be the responsibility of the Association. Because the Bowles Diversion and Bowles Pond, First Enlargement, are located on Lot 1, the Owners of Lot 1 shall be responsible for implementing the construction, cleaning, repair, maintenance, and all other operation activities as agreed upon the Association; provided, however, that if the Owners of Lot 1 do not act in a timely manner, the Association may take any action necessary to ensure the continued operation of the Bowles Diversion and Bowles Pond, First Enlargement. 8. For costs related to Bowles Well No 2, the Association shall be reimbursed by the Owners in the proportion that each Owner's Lot is entitled to use Bowles Well No. 2. For costs related to the Bowles Pond, First Enlargement, and Bowles Diversion, the Association shall be reimbursed as follows: 25% by Roc Anthony Gabossi and Mary Ann Gabossi, their heir, successors, or assigns; 50% by Conrad L. Wagner and Marsha L. Wagner, their heirs, successors, or assigns, pursuant to the Water Sharing Agreement and recorded in the Office of the Garfield County Clerk and Recorded as Reception No. 791618 on September 17, 2010; and 25% by the Lot Owners in the proportion that each Owner's Lot is entitled to use Bowles Well No. 2. Any costs which are directly attributable to the negligent or intentional act or omission of an Owner or Owners shall be allocated solely to that Owner or Owners. Such reimbursement shall be made thirty (30) days after receipt by the Owner(s) of a written statement from the Association identifying such costs. In the event an Owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the Association shall be entitled to pursue any remedy available at law or in equity for a breach. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. 9. In the event the Association is deadlocked on the issue of any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an Owner determines to undertake such work unilaterally, such Owner shall notify the Association and the other Owners in writing. The Owner undertaking the work shall, upon completion, provide the other Owners with a written statement of work performed and the other Owners' proportionate share of the cost of same. In the event an Owner fails to pay the proportionate share of any amount due within thirty (3 0) days after presentment, the Owner who has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. 10. Subject to the provisions above, any Owner who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement and the like necessary to maintain the Well and deliver the subject water, shall not receive water from the system. At such time as said electing Owner chooses to resume use of water from the system, said Owner may do so upon reimbursement to the other users of the full 3 1111 EA 11 11 1 Reception#: 802098 05/03/2011 12:28:02 Pfd Jean Alberico 4 of 5 Rec Fee:$31.00 Doo Fee:0.00 GARFIELD COUNTY CO cost of said Owner's share of such expenditures with legal interest retroactive to the expenditure date. 11. Declarants hereby create and reserve permanent, non-exclusive easements across those portions of Lots 2 and 3 designated as "Well Easement and Waterline" on the Old Orchard Subdivision Plat, recorded in the Garfield County Clerk and Recorder's Office as Reception No. as necessary and sufficient for the benefit of the Owner of Lots 1, 2, and 4 as users of Bowles Well No. 2, pump and common pipeline and treatment system and structures and for non -shared or individual pipelines conveying water to Lots 1, 2, and 4. 12. Each Owner shall agree to not interfere at any time with the proper use by any other Owner of his or her interest in any water structure and shall indemnify and hold harmless all the Association and the other Owners and users from any loss or damage or injury caused by the acts of said indemnifying owner. 13. The term hereof shall be perpetual. 14. This Declaration and the covenants contained herein are intended to and shall run with the titles to those real properties described as Lots 1, 2, 3, and 4, Old Orchard Subdivision, Garfield County, Colorado, and shall be binding upon and inure to the benefit of the Owners thereof, and their assignees or successors. 15. The laws of the State of Colorado shall govern the validity, effect and construction of this Declaration. 16. This Declaration may not be modified in any manner except by an instrument in writing signed by the Owners of each of the Lots. IN WITNESS WHEREOF, this Declaration is executed this day , 2011. Roc Anthony Gab ss' 4 1111 VI 1OrNiIiiIM 11 II Reception#: 802098 05/03/2011 12:28:02 PM Jean Alberico 5 of 5 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD orL ) ss. The foregoing instrument was acknowledged before me on this , 2011, by Roc Anthony Gabossi and Mary Ann Gabossi. Witness my hand and official seal. e//D-61' My - . mission expires: 4f. a .. 'ublic 5 day of 1111 In row*. r teo B111 Reception#: 801931 04/29/2011 12:04:03 PM Jean Rlberico 1 of 1 Rea Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO WEST DIVIDE WATER CONSERVANCY DISTRICT MEMORANDUM OF WATER ALLOTMENT CONTRACT DATE: April 21, 2011 CONTRACT HOLDER: West Divide Water Conservancy District 818 Taughenbaugh Blvd., #101 P. O. Box 1478 Rifle, Colorado 81650 Telephone: (970) 625-5461 CONTRACTEE: Roc and Mary Gabossi 44523 Highway 6 and 26 Glenwood Springs, CO 81601 West Divide Water Conservancy District has granted to Contractee through Water Allotment Contract No: 091210RMG#4(a), activated December 10, 2009, the right to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by West Divide Water Conservancy District, upon payment of certain fees set forth in the contract, for the following real property in Garfield County, State of Colorado: Old Orchard Subdivision Lot 4 A parcel of land situated in the North 1/4 corner of said Section 35, Township 5 South, Range 90 West of the 6th P.M. Well Permit No.: Quantity of water allotted in acre feet: One Said Water Allotment Contract is subject to the conditions for obtaining a well permit from the Colorado Division of Water Resources and approval of augmentation plan or substitute supply plan. The benefits and obligations contained in the contract shall inure to the heirs, successors, and assigns of the real property described herein. Inquiries should be directed to: West Divide Water Conservancy District 818 Taughenbaugh Blvd. # 101 P.O. Box 1478, Rifle, CO 81650 (970) 625-5461 email: water@wdwcd.org or Alan Martellaro, Division 5 Engineer Division of Water Resources 50633 U.S. Hwy 6 & 24 P. O. Box 396 Glenwood Springs, CO 81602 Telephone: (970) 945-5665 Hal D. Simpson, State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 Telephone: (303) 866-3581 THIS MEMORANDUM OF WATER ALLOTMENT CONTRACT REFERS TO, AND IS SUBJECT TO, THE TERMS AND PROVISIONS CONTAINED IN SAID UNRECORDED WATER ALLOTMENT CONTRACT, WHICH CONTRACT MAY RESULT IN FINANCIAL OBLIGATIONS ON THE PART OF THE LANDOWNER FAILURE OF THE LANDOWNER TO PAY THE CONTRACT OBLIGATIONS MAY RESULT IN LEGAL ACTION TO PREVENT FURTHER USE OF THE SUBJECT WELL AND WELL WATER. WEST DIVIDE WATERS CONSERVANCY DISTRICT B y /,/-�- Samuel B. Potter, President After recording return to West Divide Water Conservancy District, P. D. Box 1478, Rifle, CO 81650-1478 1111MI.1mi 117,141101 Pi 11111 , Reception#: 808309 09120/2011 01'16:33 PM Jean Albeo 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • ACKNOWLEDGEMENT OF FIRST PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roc Anthony and Mary Ann Gabossi (hereinafter "Owner"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded as Reception No. 802094 of the Garfield County records on May 5, 2011, for the improvements of Old Orchard Subdivision; and WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $79,959.70 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied in part, as verified in a statement from David M. Kotz, SGM, Inc., dated August 30, 2011 that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknowledges this first partial satisfaction of the Subdivision Improvements Agreement entered into by the Owner and the Board for the release of security in the amount of $79,299.70 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $660. STATE OF COLORADO COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 1 - day of 44,-h.w , 2011, by John Martin, as Chairman of the Board of County Commissioners of )ss By: Chairm Gar field County, Colorado. WITNESS my hand and official seal. My commission expires 0-66-1.444A-1 T EP. Gar eld County Clerk 1111 nFallWhh4illKWIC IA 10.111.i 11111 Reception#, 808309 09/20/2011 01:16;33 PM Jean Alberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 6 SCHMUESER I GORDON I MEYER ENGINEERS I SURVEYOR S • GLeNWOOD SPRINGS 1 18 WEST SIXTH STREET, SUITE 200 GLENWDDD SPRINGS, CO 81 601 970.945. 1004 670.945,5948 FAX EXHIBIT D WRITTEN REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 Re: .OId Orchard Subdivision This request is written to formally notify the BOCC of work completed for Old Orchard Subdivision. Note that the original construction estimate by B.C. Excavation & Construction included $1000.00 for Revegetation. It is my understanding that the Revegetation was secured separately and the current Letter of Credit value is $79,959.70. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Partial Completion and approve a reduction in the face amount of the Letter of Credit in the amount of $79,299.70 to a reduced face amount of Six Hundred Sixty dollars ($660.00). Attached is the original cost estimate and certified work completed schedule showing: Cost Estimate Work Completed Reduced Face Amount of LOC $79,959.70. plus $ 1000 Revegetation $71,999.73 plus $7,299.97 (orig 10% Tess $60) $660.00 (=Work Remaining + 10%) Based upon periodic observation and testing, the construction has been completed, to date, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision Improvements Agreement between the BOCC and the Owner. If fu er information is needed, please a ..Tug ti(�70) 384-9008. 7/9°1174i5 VO' lt, Tilo Owner's Represe to elEnginee David M. Kotz, P.E. SGM, Inc. I:12009\2009-338.001 Old Orchard Sub\ConstructIon1Old Orchard SIA LOC 1.doc GuNNISON ASPEN GRAND JUNCTION MEEKER 103 WEST TOMIoHl AVE. SUITE A I 0 I F9UNDER9 PLACE, UNIT IO2 2768 COMPAOA DRIVE. SUITE IO2 320 THIRD STREET GUNNISON, CO 81230 PO 8oX 2155 GRAND JUNCTION, CO 81 505 MEEKER, CO 81641 970.641.5355 ASPEN, CO 81811 970.245.2571 970.878.5180 970.641 .5358 FAX 970.925.6727 970.245.2871 FFX 970.878.41 81 FAX 970.925.41 57 FAX 1111 In P d ha+PLIA1,11 11 1 Reception#: 808309 09/20/2011 01:16:33 PM Jean Alberico 3 of 5 Rec Fee:$0,00 Dao Fee:0,00 GARFIELD COUNTY CO • B.C. Excavation & Construction P.O. Box 1144 Dolores, Co. 81323 Bid Proposal For The Old Orchard Subdivision COMPLETED WORK Description QTY UNIT UNIT PRICE PRICE PRICE Mobilization 1.00 LS 500.00 $ 500.00 $ 500.00 Clear And Grub 1.00 LS $ 150.00 $ 150.00 $ 150.00 Silt Fence 317.00 LF $ 1.38 $ 437.46 $ 437.46 Erosion Logs ( Check Dams) 2.00 EA $ 87.88 $ 175.76 $ 175.76 Excavation 713.27 CY $ 7.70 $ 5,492.18 $ 5,492.18 Embankment 50.00 CY $ 4.00 $ 200.00 $ 200.00 18" CMP 50.00 LF $ 46.70 $ 2,334.90 $ 2,334.90 18" Bands 2.00 EA $ 44.82 $ 89.64 $ 89.64 18" Flared End Sections 2.00 EA $ 129.53 $ 259.05 $ 259.05 12" CMP 30.00 LF $ 27.77 $ 833,10 $ 833.10 12" Band 1.00 EA $ 36.77 $ 36.77 $ 36.77 12" Head Gate 1.00 EA $ 611.00 $ 611.00 $ 611.00 12" Flared End Section 1.00 EA $ 75.42 $ 75.42 $ 75.42 8" Utility Sleeves 30 L.F. x 2 30.00 LF $ 29.00 $ 870.00 $ 870.00 600 L.F. 1" Water Service Line 600.00 LF $ 14.50 $ 8,700.00 $ 8,700.00 Pump House, Pressure Switch, Water Tank 1.00 LS. $ 600:00. $ 600.00 $ - Pipe Removal 1.00 LS $ 200.00 $ 200.00 $ 200.00 Grizzly Pitrun 1342.00 TN $ 12.50 $ 16,775.00 $ 16,775.00 Class # 2 - 3" minus for CDOT ROW 105.00 TN $ 23.50 $ 2,467.50 $ 2,467.50 Class 6 (Spec 3/4" Base Course) 671.00 TN $ 25.04 $ 16,801.84 $ 16,801.84 New Fence 1.00 LS $ 5,000.00 $ 5,000.00 $ 5,000.00 Saw Cut Asphalt 92.00 LF $ 3.50 $ 322.00 $ 322.00 Fabric miirafi 500X) 239828' SY $ 1.10 2,638.11,63/ $ 2,638.11 ��,* ��y- ���r����,, !i e ' Yll j :13"� a :?,�AIR4 6L Zan r! s r.,ss� 3 . �1yy {hit ° J y S $.``'i 0 0I p($ B i! � IONS $ - Traffic control Plan 1 LS $ 95.00 $ 95.00 $ 95.00 Traffic Control 5 Days $ 787.00 $ 3,935.00 $ 3,935.00 Pave The Entrance 1 LS , $ 3,000.00 $ 3,000.00 $ 3,000.00 10% Contingency 1 $ 7,359.97 $ 7,359:97 $ 7,359.97 Sub total $ 73,599.73 $ 71,999.73 Total With 10 % contingency $ 80,959.70 incomplete Old Orchard Bid Proposal Retain $660 + 10% = $660 Exhibit B WINROVA= secured seperately bank. 1111 511Mithrei 111 ICIWeliIICrii11, I40.I.I II Rec on#: 808309 09120!2011 01:16:33 PM Jean Rlberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GPRFIELD COUNTY CO U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING GROUP 111 S.W. FIFTH AVE., SUITE 500 PORTLAND, OREGON U.S.A. 97204 SWIFT: USBKUS44PDX FAX: (503)275-5132 MARCH 21, 2011 IRREVOCABLE STANDBY LETTER OF CREDIT BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO C/O BUILDING AND PLANNING DEPARTMENT 108 8111 STREET, SUITE 213 GLENWOOD SPRINGS, CO 81601 APPLICANT: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, CO 81601 LETTER OF CREDIT NUMBER: SLCPPDX05315 EXPIRY DATE: NOVEMBER 2, 2012 AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT ADDRESS INDICATED ABOVE. AMOUNT: NOT EXCEEDING US$79,959.70 (SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS) WE HEREBY ISSUE AT THE REQUEST OF THE APPLICANT IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCPPDX05315 IN AN AMOUNT NOT TO EXCEED SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS ($79,959.70). THE PURPOSE OF THIS LETTER IS TO SECURE THE APPLICANT'S PERFORMANCE OF AND COMPLIANCE WITH THE AGREEMENT BETWEEN APPLICANT AND BENEFICIARY, DATED 4 l RE �v j I AND TITLED THE OLD ORCHARD SUBDIVISION IMPROVEMENTS AG EMENT ("SUBDIVISION IMPROVEMENTS AGREEMENT"). THIS LETTER OF CREDIT EXPIRES AT THE COUNTERS OF U.S. BANK NATIONAL ASSOCIATION, 111 SW FIFTH AVE., SUITE 500, PORTLAND, OREGON 97204, AT 5:00 P.M. PACIFIC TIME ON NOVEMBER 2, 2012. THIS LETTER IS NOT TRANSFERABLE. THIS LETTER OF CREDIT IS AVAILABLE BY PAYMENT BY DRAFT(S) DRAWN AT SIGHT ON U.S. BANK NATIONAL ASSOCIATION PRESENTED TO OUR BRANCH LOCATED AT 1901 GRAND AVENUE, GLENWOOD SPRINGS, CO 81601 WHO IN TURN WILL SEND THE DRAWING VIA OVERNIGHT COURIER TO THE LETTER OF CREDIT DEPARTMENT. DRAFT(S) ARE TO BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S SIGNED STATEMENT EXECUTED BY THE CHAIRMAN OF THE BOCC OR THE BOCC'S AUTHORIZED DESIGNEE STATING: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI, DEVELOPERS OF THE OLD ORCHARD "**THIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315*** fJbank. ■III I+S14iWl'hl i,IMflh,144.1iFf rl iIICGih.1 IL16.1111 Rec ion#: 808309 09/2012011 01:16:33 PM Jean Rlberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO SUBDIVISION ARE IN DEFAULT OF THEIR OBLIGATIONS SET FORTH IN THAT CERTAIN SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN ROC ANTHONY GABOSSI AND MARY ANN GABOSSI AND THE BOCC, DATED 5/21 to //- , AND RECORDED AS RECEPTION NUMBER 020 IN BOOK AT PAGE OF THE REAL ESTATE RECORDS OF THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER. 2. THE ORIGINAL LETTER OF CREDIT. TELEFACSIMILE OF THE DRAW DOCUMENTS IS ACCEPTABLE TO OUR FAX NO. (503)275-5132. THE FAX PRESENTATION SHALL BE DEEMED THE ORIGINAL PRESENTATION. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO BANK BY OVERNIGHT COURIER AT THE TIME OF FAX PRESENTATION. WE WILL REMIT PROCEEDS PER YOUR WIRE INSTRUCTIONS. PARTIAL DRAWINGS ARE PERMITTED. THE BENEFICIARY MAY AUTHORIZE REDUCTIONS OF THE FACE AMOUNT OF THIS LETTER OF CREDIT FROM TIME TO TIME BY PRESENTING THEIR SIGNED STATEMENT TO THAT EFFECT. THIS LETTER OF CREDIT AND AMENDMENTS, IF ANY, MUST BE RETURNED TO US IF CANCELLING EARLY WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING: "THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY THE BOCC AND IS HEREBY RETURNED TO THE ISSUING BANK FOR CANCELLATION:' DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER U.S. BANK NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLCPPDX05315." THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 AND THE LAWS OF THE STATE OF COLORADO. IN THE EVENT OF A CONFLICT, THE LAWS OF THE STATE OF COLORADO WILL PREVAIL. VENUE FOR ANY JUDICIAL PROCEEDING PERTAINING TO THIS LETTER OF CREDIT SHALL BE IN A COURT OF COMPETENT JURISDICTION IN GARFIELD COUNTY, COLORADO. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED AND NEGOTIATED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. U.S. BANK NATIONAL AS • CIATION A MEMBERAF THE F FERAL ' SERVE SYSTEM 9u STANDBY LETTERS OF CREDIT LORI E. ROWELL ASSISTANT VICE PRESIDENT ***THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315*** 1111 M. Nhi4111M41. 1 pinifICIWIfilhi 1111 Reception#: 819928 01 of36ZRec Fee?$05 0RDocJFee:G.00 GARFIELD COUNTY CO ean • ACKNOWLEDGEMENT OF FINAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Roc Anthony and Mary Ann Gabossi (hereinafter "Owner"), entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board"), recorded as Reception No. 802094 of the Garfield County records on May 5, 2011, for the improvements of Old Orchard Subdivision; and, WHEREAS, an irrevocable Letter of Credit was delivered to the County in the amount of $79,959.70 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and, WHEREAS, the Board approved the first release of security in the amount of $79,299.70 leaving an amount of $660.00 in the irrevocable Letter of Credit for remaining subdivision improvements to be constructed by the Owner as required in the SIA; and, WHEREAS, the obligations of the Owner have been satisfied, as verified in a statement from David M. Kotz, SGM, Inc., dated May 18, 2012 that work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements Agreement entered into by the Owner and the Board for the release of security in the amount of $660.00 for work completed (Exhibit E - Cost Estimate: Pump House, Pressure Switch, and Water Tank - $600.00 plus 10%) consistent with im t rovements described i ' = bdivision Improvements Agreement leaving a balance in the irrevocab - etter of Credit STATE OF COLORADO )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 1 l day of , 2012, by John Martin, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. My commission expires .e. 6-1 -) mow, G field County Clerk ■111lir'?.6Menai lnI iMI07,1W4A,fN 11 III Reception#: 819928 06/13/2012 10:23:55 fail Jean Plberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GPRFIELD COUNTY CO • SGM www.sgm-inc.com EXHIBIT E REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT May 18, 2012 Board of County Commissioners Garfield County, Colorado cfo Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Old Orchard Subdivision This request is written to formally notify the BOCC of work completed for Old Orchard Subdivision. On behalf of the Owner, we request that the BOCC review the attached Engineer's Certificate of Final Completion and approve cancellation and full release of the Letter of Credit. Attached is the original cost estimate and certified work completed schedule showing that all improvements required by the Subdivision Improvements Agreement and secured by the Letter of Credit have been completed. Note that the original construction estimate by B.C. Excavation & Construction included $1,000.00 for Revegetation. it is my understanding that the Revegetation was secured separately and the original Letter of Credit value was $79,959.70. It is also my understanding that Partial Release Request #1 was processed in the amount of $79,299.70 and $660.00 remains on the Letter of Credit. Based upon periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in Paragraph 2 of the Subdivision improvements Agreement between the BOCC and the Owner. Please refer to the attached May 4, 2012 letter from Resource Engineering, Inc. for documentation for completion of the water system improvements. If further information is needed, please contact me at (970) 384-9008. Ort•NPrif9C697;111.6".'$51/ 29961 titl • t%1'®0.10 Owner's Representative/Engin David M. Kotz, P.E. SGM, Inc. 012 0 0 912 0 0 9.336.001 Ofd Orchard Stdr\ConstnrctonfMay201210fd Orchard SIA Final Releases-i8-12.dao GLENWOOD SPRINGS 1 18 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 ( 970.945.1004 /III A NJ"r11'i��1l+1' Ihi�! �V�h� �4i'i r iw I »r iI If I Reception#: 819928 06/13/2012 10:23:55 AM Jean Alberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B C. Excavation & Construction P.O. Boit 1144 Dolores, Co. 81323 Bid Proposal For The Old Orchard Subdivision COMPLETED WORK Description QTY UNIT UNIT PRICE PRICE PRICE Mobilization 1.00 IS 500.00 $ 500.00 :$ 500.00 Clear And Grub 1.00 LS $ 150.00 $ 150.00 $ 150.00. Silt Fence 317.00 LF $ 1.38. $ 437.46 $ 437.46 Erosion Logs ( Check Dams) 2.00 EA $ 87.88. $ 175.76 .$ 175.76 Excavation 713.27 CY $ 7.70 $ 5,492.18 $ 5492.18 Embankment 50.00 CY $ 4.00 $ 200.00 $ 200.00 18" CMP 50.00 LF $ 46.70 $ 2,334.90 $ 2,334.90 18" Bands 2.00 EA $ 44.82 $ '.64 $ 89.64 18" Flared End Sections 2.00 EA $ 129.63 $ 259.05 $ 259.05 12" CMP 30.00 LF $ 27.77 $ 833.10 $ 833.10. 12" Band 1.00 EA $ 36.77 $ 36:77 $ 36.77 12" Head Gate 1.00 EA $ 611.00 $ 611.00 $ 611.00 12" Flared End Section 1.00 EA $ 75.42 $ 75.42.$ ' 75.42 8" Utility Sleeves 30 LF. x 2 30.00 LF $ 29.00 $ 870.00 $ 870.00 600 LF.1" Water Service Line 600.00 LF $ 14.50 $ 8,700.00 $ 8,700.00 Purnp House. Pressure Switch. Water Tank 1.00 LS $ 600.00 $ 600.00 $ 600.00 Pipe Removal 1.00 LS $ 200.00 $ 200.00 $ 200.00 Grizily Pitrirn 1342.00 TN $ 12.50 $ 16,775.00 $ 16,775.00 Class # 2 -3" minus for CDOT ROW 105.00 TN $ 23.50. $ 2,467:50 $ 2,467.50 Class 6 (Spec 3/4" Base Course) 671.00 TN $ 25.04 $ 16,801.84 $ 16.801.84 New Fence 1.00 LS $ 5,000.00 .8 5,000.00 $ 5,000.00 Saw Cut Asphalt 92.00 IF $ 3.50 .$ 322.00 $ 322.00 Fabric (Mira 500X) 2398.28 SY $ 1:10 $. 2,638.11 $ 2,638.11 R _-....,.,. '":.,. <' ...' . 71 _.100::_ '-_"`:s "L$°r•' $?7100000r $5:10001X1 Traffic control. Plan 1 LS $ 95.00 $ 95.00 $ 95.00 Traffic Control 5 Days $ 787.00 $ 3,935.00 $ 3,935.00 Pave The Entrance 1 LS $ 3.000.00 $ 3.000.00 $ 3.000.00 10% Contingency 1 $ 7.359.97 $ 7559.97 $ 7,359.97 Sub total $ 73.599.73 $ 72599.73 Total With 10 % contingency $ 80.959.70 Old Orchard Bid Proposal Echiit 6 = secured separately ■ENNE MEM MEM lil IMI" 1111 114,11.:15_1Alliviva��11�7'h'�� ixitilith IIS■ ■l Hi Reception#: 819928 06113/2012 10:23:55 RM Jean ico 4 of 6 Reo Fee:$0.00 Doc Fee: GRRFIELD COUNTY CO RESOURCE ENGINEERING I N C. John L. Taufer John L Taufer & Associates, Inc. PO Box 2271 Glenwood Springs CO 81602 RE: Old Orchard Subdivision SIA Improvement Dear John: May 4, 2012 The purpose of this letter is to document that all water system improvements required for the Old Orchard Subdivision are now complete. Resource Engineering, Inc. (RESOURCE) conducted a final inspection on May 1, 2012 and Michael Erion observed that the weH, well house, controls, pressurized storage tank, valves, service lines, and curb stops were all installed. The control .panels and pressurized storage tank are located in a separate concrete vault structure from the well house. Please call if you have any questions or need additional information. Sincerely, RESOURCE EENGI EERING, INC. ichael J. Erion, P. Water Resources '` gineer MJEhrimm 872-2,0 CC: Rocky Gabossi Consulting Engineers and Hydrologists 909 Colorado Avenue 12 Glenwood Springs, Co 91601 MI (970)945-6777 Il Fax (970)945-1137 bank. ICIITH11.1145.1%i 1irM144CI414t4i 11111 ,tion#: 819928 b"7'f3 0 /2012 10:23.55 AM Jean Alberic o 5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING GROUP 111 S.W. FIFTH AVE., SUITE 500 PORTLAND, OREGON U.S.A. 97204 SWIFT: USBKUS44PDX FAX: (503)275-5132 MARCH 21, 2011 IRREVOCABLE STANDBY LETTER OF CREDIT BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO C/O BUILDING AND PLANNING DEPARTMENT 108 8m STREET, SUITE 213 GLENWOOD SPRINGS, CO 81601 APPLICANT: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, CO 81601 LETTER OF CREDIT NUMBER: SLCPPDX05315 EXPIRY DATE: NOVEMBER 2, 2012 AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT ADDRESS INDICATED ABOVE. AMOUNT: NOT EXCEEDING US$79,959.70 (SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS) WE HEREBY ISSUE AT THE REQUEST OF THE APPLICANT IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCPPDX05315 IN AN AMOUNT NOT TO EXCEED SEVENTY NINE THOUSAND NINE HUNDRED FIFTY NINE AND 70/100 U.S. DOLLARS ($79,959.70). THE PURPOSE OF THIS LETTER IS TO SECURE THE APPLICANT'S PERFORMANCE OF AND COMPLIANCE WITH THE AGREEMENT BETWEEN APPLICANT AND BENEFICIARY, DATED +-f4- '1,2i l . AND TITLED THE OLD ORCHARD SUBDIVISION IMPROVEMENTS AG EMENT ("SUBDIVISION IMPROVEMENTS AGREEMENT"). THIS LETTER OF CREDIT EXPIRES AT THE COUNTERS OF U.S. BANK NATIONAL ASSOCIATION, 111 SW FIFTH AVE., SUITE 500, PORTLAND, OREGON 97204, AT 5:00 P.M. PACIFIC TIME ON NOVEMBER 2, 2012. THIS LETTER IS NOT TRANSFERABLE. THIS LETTER OF CREDIT IS AVAILABLE BY PAYMENT BY DRAFT(S) DRAWN AT SIGHT ON U.S. BANK NATIONAL ASSOCIATION PRESENTED TO OUR BRANCH LOCATED AT 1901 GRAND AVENUE, GLENWOOD SPRINGS, CO 81601 WHO IN TURN WILL SEND THE DRAWING VIA OVERNIGHT COURIER TO THE LETTER OF CREDIT DEPARTMENT. DRAFT(S) ARE TO BE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S SIGNED STATEMENT EXECUTED BY THE CHAIRMAN OF THE BOCC OR THE BOCC'S AUTHORIZED DESIGNEE STATING: ROC ANTHONY GABOSSI AND MARY ANN GABOSSI, DEVELOPERS OF THE OLD ORCHARD k**THIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315*** bank. 11I111CI4YALPii, 1.0111111 Reception#: 819928 06113/2012 10:23:65 AM Jean Alberico 6 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO SUBDIVISION ARE IN DEFAULT OF THEIR OBLIGATIONS SET FORTH IN THAT CERTAIN SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN ROC ANTHONY GABOSSI AND MARY ANN GABOSSI AND THE BOCC, DATED 5724 7-0lf , AND RECORDED AS RECEPTION NUMBER Sj Q20`? q. IN BOOK AT PAGE OF THE REAL ESTATE RECORDS OF THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER. 2. THE ORIGINAL LETTER OF CREDIT. TELEFACSIMILE OF THE DRAW DOCUMENTS IS ACCEPTABLE TO OUR FAX NO. (503)275-5132. THE FAX PRESENTATION SHALL BE DEEMED THE ORIGINAL PRESENTATION. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO BANK BY OVERNIGHT COURIER AT THE TIME OF FAX PRESENTATION. WE WILL REMIT PROCEEDS PER YOUR WIRE INSTRUCTIONS. PARTIAL DRAWINGS ARE PERMITTED. THE BENEFICIARY MAY AUTHORIZE REDUCTIONS OF THE FACE AMOUNT OF THIS LE1 I'ER OF CREDIT FROM TIME TO TIME BY PRESENTING THEIR SIGNED STATEMENT TO THAT EFFECT. THIS LETTER OF CREDIT AND AMENDMENTS, IF ANY, MUST BE RETURNED TO US IF CANCELLING EARLY WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING: "THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY THE BOCC AND IS HEREBY RETURNED TO THE ISSUING BANK FOR CANCELLATION." DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER U.S. BANK NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER. SLCPPDX05315." THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 AND THE LAWS OF THE STATE OF COLORADO. IN THE EVENT OF A CONFLICT, THE LAWS OF THE STATE OF COLORADO WILL PREVAIL. VENUE FOR ANY JUDICIAL PROCEEDING PERTAINING TO THIS LETTER OF CREDIT SHALL BE IN A COURT OF COMPETENT JURISDICTION IN GARFIELD COUNTY, COLORADO. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED AND NEGOTIATED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. U.S. BANK NATIONAL AS 1 CIATION A MEMBER QF THE F • ERAL ' SERVE SYSTEM Q�bt E STANDBY LETTERS OF CREDIT LORI E. ROWELL ASSISTANT VICE PRESIDENT ***THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT NO. SLCPPDX05315***