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Home My WebLink About1.0 Correspondencer 15 March 1995 ISOM & ASSOC. EMCC 3033286266 •11P ISOM & ASSOCIATES Architecture Land Planning Project Management Mark Bean Department of Community Development Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601-3303 RE: Dakota Subdivision/Multi-family Dwellings Dear Mark: Per your conversation with Ed Podolak, myself, Jim Horn, and Todd Bloom of March 7, 1996 concerning the multi -family dwellings at Dakota Subdivision, the applicant and owner of Tract A at Dakota Subdivision, Dakota Townhomes, LLC., would like to change from four and six-plex townhomes to duplex, a four-plex, an eight-plex, and two single-family houses. The total number of units would still be fifty units as follows: 18 duplex units 36 units 1 four-plex 4 units 1 eight-plex 8 units 2 single-family 2 units Total 50 units Under section 7.20 of the Subdivision Regulations of Garfield County, large tracts of land such as Parcel A of Dakota Subdivision may be subdivided with minor modifications into fifty units in keeping with the approved Preliminary Plan if approved by the Board of County Commissioners. We are hereby requesting that review which 1 understand could be before the Board on April 1st, 8th, or 15th. Attached are 3 copies of the revised Site Development Plan and Preliminary lat layout of Parcel A. P.U. Box 9 Eagle, Colorado 81631 (303) 328-2388 FAX 328-6266 P.01 f ISOM & ASSOC. Eh1CC 3033286266 if there are any questions concerning this request, please call this office. Please notify this office when the hearing will be scheduled. Sincere p.c.: Dakota Townhomes, LLC. Jim Horn Todd Bloom 9326mult P. 03 CHAFFIN/LIGHT ASSOCIATES April 14, 1997 Mr. Mark Bean Garfield County Planner 109 8th. Street 3rd. Floor Glenwood Springs, CO 81601 RE: Amended Plat Submission for Dakota Meadows Subdivision Dear Mark: On behalf of Dakota Townhomes LLC, I formally submit the enclosed Amended Final Plat of the Dakota Meadows Subdivision. Please find enclosed the following submission documents: • Amended Final Plat - A Resubdivision of Lots 1, 2, 3, 15, 16, 17, 18, 19, 20, 21, and 22, Tract A, Dakota Subdivision, For the Purpose of Identifying Duplex Lots as Row House Lots and Creating Row House Lots 21, 21, 23, 24, 25, and 26, County of Garfield, State of Colorado. Dated April 10, 1997. • Second Amendment to Subdivision Improvements Agreement - Prepared in cooperation with Don DeFord and yourself. Executed by James A. Horn on behalf of Dakota Townhomes LLC. • A check in the amount of $5,500 payable to Garfield County to secure the Second Amendment to the Subdivision Improvements Agreement. Please note that we intend to provide a Letter of Credit to secure the Agreement, however, it may not be ready until next week. In the interim please accept this check until such time as we present the Letter of Credit. • Dakota Meadows Landscaping Plan - Prepared by J.W. Watkins & Associates and dated April 10, 1997. • Landscaping Bid from Green Side Up Landscaping for the highway berm construction, seeding, and vegetation within the Open Space identified on the Amended Final Plat and in accordance with the Landscape Plan also presented herewith. 5131 OWL CREEK ROAD BOX 5000 SNOWMASS VILLAGE, COLORADO 81615 970-923-4500 FAX: 970-923-3129 I look forward to speaking with you regarding the date and time of the Garfield County Commissioners meeting at which this amended final plat will be presented for signature. Should you have any questions or require any additional information please do not hesitate to contact me directly at 923.4500. Thank you for your time and all your assistance in completing this final portion of the Dakota Meadows Subdivision. Best Regards, Todd L. Bloom enclosures CHAFFIN/LIGHT ASSOCIATES ao 15 March 1995 • ISOM & ASSOCIATES Architecture Land Planning Project Management Mark Bean Department of Community Development Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601-3303 RE: Dakota Subdivision/Multi-family Dwellings Dear Mark: k7771 7c7-erT, MAR 1.8 1996 l:AFig5ELD (csi..ii°V,.1 Y (",( 06 Per your conversation with Ed Podolak, myself, Jim Horn, and Todd Bloom of March 7, 1996 concerning the multi -family dwellings at Dakota Subdivision, the applicant and owner of Tract A at Dakota Subdivision, Dakota Townhomes, LLC., would like to change from four and six-plex townhomes to duplex, a four-plex, an eight-plex, and two single-family houses. The total number of units would still be fifty units as follows: 18 duplex units 36 units 1 four-plex 4 units 1 eight-plex 8 units 2 single-family 2 units Total 50 units Under section 7.20 of the Subdivision Regulations of Garfield County, large tracts of land such as Parcel A of Dakota Subdivision may be subdivided with minor modifications into fifty units in keeping with the approved Preliminary Plan if approved by the Board of County Commissioners. We are hereby requesting that review which I understand could be before the Board on April 1st, 8th, or 15th. Attached are 3 copies of the revised Site Development Plan and Preliminary Plat layout of Parcel A. P.O. Box 9 Eagle. Colorado 81631 (303) 328-2388 FAX 328-6266 J If there are any questions concerning this request, please call this office. Please notify this office when the hearing will be scheduled. Sincere y Stephen R. som p. c.: Dakota Townhomes, LLC. Jim Horn Todd Bloom 9326mult March 15, 1996 Mr. Mark Bean Department of Community Development Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601-3303 RE: Dakota Subdivision/Multi-family Dwellings HCE Job No. 95008.01 Dear Mark: I have been asked to write a letter to you concerning the infrastructure for the Dakota Subdivision Parcel A site. Included with this letter is the submittal for changing the proposed use of the property. This is all outlined in Mr. Isom's letter (enclosed). With respect to the site infrastructure the following has been completed: The water and sewer mains and services have been constructed and inspected by HCE and the Mid Valley Metro District representative. Record drawings are being completed at this time. The road has been rough graded as shown in the original plan. The new concept will require minor modifications to the grading. Drainage for the new concept is essentially equivalent to the old design and will not require modification to the overall drainage plan. Drainage flows and treatment of storm water will be handled as proposed in the original plan with the use of drywells. If you have any questions or I can be of further assistance, please do not hesitate to call. Thank you for your time. Sincerely, HIGH COUNTRY ENGINEERING, INC. OVZ J e D. Hope, P.E. Project Manager JDH:rjh Enc 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 23 April 1996 ISOM & ASSOCIATES Architecture Land Planning Project Management Mark Bean Director of Community Development Garfield County 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601-3303 RE: Final Plat - Resubdivision of Tract A Dear Mark: Per the meeting of the Board of County Commissioners of April 15, 1996 where the revised Preliminary Plan for the Dakota Townhomes was approved. The Final Plat for hereby said tract is hereby submitted per Section 5:00, Final Plat, of the Garfield County Subdivision Regulations. Per Section 5:11, three copies of final plat are submitted for review. Per Section 5:20, Final Plat Requirements, the following is being submitted: 1. Final Plat per Section 5:21, 5:22, 5:23, and 5:24 as prepared by High Country Engineering. 2. The individual lots which will be townhouses or condominiums will be re -submitted in final plat form after the foundations have been poured on each site per Section 5:25 of the Subdivision Regulations. Per Section 5:30, Supplemental Information, the following is submitted with the final plat: a. Engineering plans of all infrastructure are attached and marked "Approved for Construction". b. On the Subdivision Improvements Agreement, the applicant states that they will not sell any lots until the subdivision improvements are in place. The improvements would include the water and sewer which are in place, the electrical, telephone, cable TV which are under construction and the asphalting of the roads. The Subdivision Improvements Agreement can be also handled at the next phase when a condominiumization for each lot or townhouse approval is submitted to County Commissioners. c. The certification from the County Treasurer's office that tax has been paid will be submitted. P.O. Box 9 Eagle. Colorado 81631 (303) 328-2388 FAX 328-6266 d. Covenants on the subdivision are attached. e. Statement by High Country Engineering that all services including water, sewage disposal, roads comply with state and local laws and regulations. f The site location approval from the Colorado Department of Health, Water Quality Control Division, has already been submitted with the original subdivision. g. Mid -Valley Metropolitan District has already provided evidence that this property for 50 units has adequate legal water supply and is part of the record of the original approval on the project. h. Cash in -lieu of a school site approval will be paid upon approval of the final plat by the Board of County Commissioners. A value should be determined by your office. i. There are no individual sewage disposal systems on-site. All facilities are managed by Mid -Valley Metropolitan District. Fee for Final Plat is attached which is $200.00 If there are any questions concerning this application, please contact this office. Sincerely, Stephen R. Isom pc.: Snowmass Corporation 93261 -ma April 25, 1996 Mr. Mark Bean Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 iitY ic. APR 16 1996 „2:,._.........__........________1.....) GAFi i LD COUNTY RE: Dakota Subdivision- Single Family HCE Job No. 93097.03 Dear Mark: This letter is written to formally notify the County of the completion of the required public improvements for the above referenced project. Based on periodic observations of the construction in progress, the construction of all utilities and roadways for Lots 1 through 14 have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On behalf of the owner, we request the County to accept the public improvements completed for the above referenced project and request the release of all collateralization representing these improvements. If you have any questions or need additional information, please call. Sincerely, HIGH COiJ�jTRY ENG i Roger Neal, P.E. Project Manager RDN: rjh 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 Alpine Bank Snowmass Village IRREVOCABLE LETTER OF CREDIT Letter of Credit #600 May 22, 1996 Garfield County Attn: County Manager 109 8th Street, Suite 200 Glenwood Springs, CO. 81601 Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor in the amount of $140,000.00. The purpose of the Letter of Credit is to secure the performance of the terms and conditions of covenants 1, 2, and 3 set forth in the Subdivision Improvements Agreement for Dakota Townhomes, dated , 1996 between Dakota Townhomes Limited Liability Co., therein referred to collectively as "Developer", and the Board of County Commissioners of the County of Garfield, State of Colorado, therein referred to as "County". You shall promptly notify us when a default or event of default of the Subdivision Improvements Agreement occurs. Your notification shall include any notice or order required to be sent to Developer pursuant to the Subdivision Improvements Agreement. Notice shall be by telephone and in writing to: Alpine Bank, Snowmass Attention: Stan Kornasiewicz P.O. Box 5490 Snowmass Village, Colorado 81615 (970)923-3600 You are hereby authorized to draw on sight on Alpine Bank, Snowmass, by draft not to exceed the amount of $140,000 commencing on May 22, 1996 partial drawings agree permitted. The conditions for payment of any draft drawn against the Letter of Credit are as follows: 1. The original Letter of Credit shall be endorsed on the reverse side with the words: "Drawn by Garfield County, Colorado in the amount of $ ", then signed by the Manager of Garfield County, Colorado, Colorado; and 2. The draw shall be attached to a letter, upon the letterhead of Garfield County, Colorado, executed by Garfield County, Colorado, stating that "There exists a default under the terms of Paragraph 2 of the Subdivision Improvements Agreement for Dakota Townhomes Snowmass Resort • P.O. Box 5490 • Snowmass Village, Colorado 81615 • (303) 923-3600 Formerly known as Bank of Snowmass cN9 recycled paper Subdivision, dated , 1996, between Developer and the County, which default entitles the County to draw upon this Letter of Credit". The letter shall set forth the nature and extent of the default which entitles the County to draw upon this Letter of Credit. This Letter of Credit is not transferable. Alpine Bank, Snowmass, agrees that drafts presented and negotiated under and in Compliance with the terms of this Letter of Credit shall be duly honored upon presentation and delivery of documents as specified above, if presented on or before May 22, 1997, at 2:00 p.m. Mountain Daylight Time. When releases of the Letter of Credit are approved by the County in accordance with the provisions of Paragraph 1 of the release, the amount of this Letter of Credit shall be automatically reduced in the same amount of the amount of the release or, if no amount is specified, the cost identified in Attached Exhibit A identifying the public improvement which has been completed and approved by the County. Copies of all such releases shall be promptly delivered to the Bank upon their approval by the County. In the event the public improvements required by the provisions of Paragraph 1 of the Subdivision Improvements Agreement are not Constructed or completed in compliance therewith, on or before December 31, 1996, Alpine Bank, Snowmass, agrees to pay a draft presented and negotiated under and in accordance with the terms of the Letter of Credit concerning the second paragraph of Paragraph 1 of the Subdivision Improvements Agreement. This Letter of Credit shall be governed by Article V of the Uniform Commercial Code as in effect in the State of Colorado. This Letter of Credit is subject to the Uniform Customs and Practice of Documentary credits, International Chamber of Commerce, Publication No. 400 (1989 Revision), except as otherwise expressly stated herein. Any communications with respect to the Letter of Credit shall be in writing and shall be addressed to Alpine Bank, Snowmass, as set for the above, to the attention of the undersigned. Sincerely, Alpine Bank, Snowmass---_., (v rM.. By: Stan Kornasiewicz President SK/cm CHAFFIN/LIGHT ASSOCIATES May 24, 1996 Mr. Mark Bean Garfield County Planner 109 8th. Street Glenwood Springs, CO 81601 RE: Amended Final Plat for Tract A of the Dakota Subdivision Dear Mark: On behalf of Dakota Townhomes LLC, I hereby present to you the final plat submission for Tract A of the Dakota Subdivision in El Jebel, Colorado. Consistent with our conversation of last week the following documents are included herewith: • Amended Final Plat, Tract A, Dakota Subdivision Two mylars with signatures. • Subdivision Improvements Agreement • Letter of Credit from Alpine Bank To secure the Subdivision Improvements Agreement • Subordination Agreement Between Dakota Townhomes LLC and Alpine Bank • School Impact Fees Check in the amount of $4,400 for school impact fees are required in the Subdivision Improvements Agreement I look forward to speaking with you regarding the date and time of the Garfield County Commissioners meeting at which the plat will be signed and recorded. Should you have any questions or require any additional information please do not hesitate to contact me directly. Best Regards, Todd L. Bloom enclosures 5131 OWL CREEK ROAD BOX 5000 SNOWMASS VILLAGE, COLORADO 81615 970-923-4500 FAX: 970-923-3129 ISOM & ASSOC. EMCC 3033286266 P_01 ISOM & ASSOCIATES Architecture Land Planning Project Management FACSIMILE CORRESPONDENCE TRANSMIT TO: j, . , •.‘./W 4 4 - Vv COMPANY: Cly- r;/0.1-1) FAX NUMBER: � { T 77- 16‘'..6" FROM: ` i !/F - RE: DATE: NUMBER OF PAGES INCLUDING THIS SHEET: ADDED COMMENTS: "--T11/0."((-AK CONFIRMED SENT: P.O. Box 9 Eagle, Colorado 81631 (303) 328-2388 FAX 328-6266 ISOM e< ASSOC. EMCC 3033286266 P.02 DAKOTA TOWNHOMES SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 by and between DAKOTA TOWNHOMES, L.L.C., (hereinafter referred to as "Dakota"), and the BOARD OF COUNTY COMNIISSIONERS OF GARFIE D COUNTY, COLORADO, (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Dakota Townhomes, L.L.C. are the owners and developers of certain zeal property located in Garfield County, more particularly described in the final plat as Tract A, Dakota Subdivision, and made a part hereof by reference; and WHEREAS, as a condition of approval of the final plat as required by the laws of the State of Colorado, Dakota wishes to enter this Subdivision Improvements Agreement with the County; and WHEREAS, the County has required, and Dakota has agreed, to provide security of collateral sufficient in the judgment of the County to make reasonable provision for completion of certain public improvements required to be installed in the subdivision, as set forth in Resolution NO. , recorded in the Office of the Clerk & Recorder of Garfield County, Colorado, at Reception No. in Book at Page and WHEREAS, Dakota has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions regarding the issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. Dakota Performance. Dakota has constructed and installed, or will cause t9 be constructed and installed, at its own expense those improvements required through approval of the preliminary plan in Resolution No. . The improvements required therein will be completed on or before , 19 , in compliance with the following: a. all plat documents submitted prior to or at the time of the final plat approval, including as -built drawings of all improvements completed prior to execution of this agreement, which are incorporated herein by referenced, and made a part of this agreement; I ISOM 6 ASSOC. EMCC 3033286266 P.03 b. all requirements of Resolution No. , including all requirements of the Garfield County Zoning Code and Garfield County Subdivision regulations; c. all taws, regulations orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and d. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above stated governmental entities. The County agrees that if all improvements are installed in accordance with 'this agreement, final plat documents, and the requirements of the Garfield County Zoning Code, and all other requirements of this agreement and the preliminary plan, then Dakota shall be deemed to have satisfied all terms and conditions of zoning and subdivision regulations of Garfield County, Colorado. 2. Security for Improvements. On or before the date of the recording the final plat with the Clerk & Recorder, Dakota shall deliver a letter of credit which is acceptable to the County, in the amount of the improvements for the subdivision to the extent that such improvements have not been certified as complete and for which the providing public utilities and special districts have not been adequately compensated . The extent of those improvements and utility installations, together with the costs for uninstalled improvements, or unreimbursed public utilities as certified by a licensed engineer, are attached hereto as Exhibit A. The letter of credit shall be issued by a state or national banking institution, licensed in the State of Colorado, and in a form acceptable to the County. Certification of completion of improvements must be submitted by a licensed or registered engineer or by an authorized representative of the appropriate utility. Such certification shall certify that the improvements have been constructed in accordance with the requirements of this agreement, including all: final plats and plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. The letter of credit set forth herein must be valid for a minimum of six (6) months beyond the completion date for the improvements and revegetation set forth herein. Additionally, upon completion of the improvements required by the preliminary plan, Dakota shall warrant those improvements for a period of at least six (6) months to be supported by a retention of 10% of the total value of the letter of credit. The warranties set forth herein shall not limit the remedies available to the County against any party including Dakota or the • engineer of Dakota should defects in the subject improvement be discovered subsequent to acceptance. Extension of the time period within which the improvements must be completed shall cause the line of credit required herein to be extended an equal amount of time. Additionally, should the letter of credit become void or unenforceable by the County for any reason, including the bankruptcy of Dakota or the supporting financial institution, prior to acceptance of the subject improvements, this agreement shall become void and of no foreland effect, and the final plat shall be vacated pursuant to the terms of this agreement. 2 ISOM & ASSOC. EMCC 303286266 P.04 If the County determines that the impromments are not constructed in compliance with relevant specifications, it shall furnish a letter of potential deficiencies to Dakota within fifteen (15) days from the date the Count receives ce ific. i+1 + .914 that all or part of the improvements as set forth in Exhibit B haveJeen completed. If the letter is not furnished within fifteen (15) days all improvements shall be deemed accepted and the County shall release the appropriate amount of security as such relates to completed and certified improvements. If a letter of potential deficiencies is furnished by the County, the County shall have thirty (30) days to complete its investigation and provide written confirmation of the deficiency to Dakota. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be release to Dakota within ten (10) days after completion of such investigation_ In the event that such improvements are not accepted by the County, the Board of Commissioners shall make such written finding prior to requesting payment on the letter of credit. The County may, at its option, permit Dakota to substitute other collateral acceptable to the County for the Collateral originally given by Dakota to secure the completion of the improvements as hereinabove provided. No final plat shall be recorded pursuant to this agreement, until a letter of credit in a form acceptable to the County and in an amount acceptable to the County has been received and approved by the County. 3, Utilities . Security for installation of all utilities shall be included in the. letter of credit set forth above unless the applicant presents written certification at the time:of execution of this agreement, that its financial obligations to each utility have been fully satisfied. Such certification must be rendered by an authorized individual for each utility or special district. Should the cost of installation of utilities be included in the amount of security set forth above, such amounts shall be released from the letter of credit upon receipt of such certification. 4. Indemnity. To the extent allowed by law, Dakota agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of Dakota installation of the improvements required pursuant to this agreement, provided however Dakota does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify Dakota of receipt of a notice of claim, or a notice of intent to sue and shall afford Dakota the option of defending any such claim or action. Failure to notify and provide such written option to Dakota shall extinguish the County's rights under this paragraph. Nothing hereinstated shall be interpreted to require Dakota to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 3 ISOM & ASSOC. EMCC 3033286266 P.05 5. School Impact Fees. Dakota shall be obligated to pay $200.00 per lot for school impact fees. Dakota shall tender $200.00 per lot to the County for all lots within the subdivision at the time of recording of the final plat. 6. Salo of Lots. No lots within the proposed subdivision that is the subject of this agreement shall be conveyed prior to recording of the final plat. 7. Approval of Final Plat. The County agrees to approval of the final plat, subject to the terms and conditions of this agreement, as well as the terms and conditions of the preliminary plan and the Garfield County Zoning Regulations. 8. Enforcement. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the', subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. 9. Consent to Vacate Plat. In the event Dakota fails to comply with the • terms of this agreement, including the terms of the preliminary plan, the County shall have the ability to vacate the plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat s to those lots shall remain valid. Dakota shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 10. Binding Effect. This agreement shall be a covenant running with titlelto each lot within the subdivision, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of Dakota, its successors and assigns. 11. Recording Upon Execution. Dakota shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 12. Venue and Jurisdiction. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 13. Notice. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 4 ISOM & ASSOC. EMCC 3033286266 P.06 Dakota Townli mes, L,L.C. c/o Jim Horn Snowmass Corporation P.O. Box 5000 Snowmass Village, CO 81615 ENTERED INTO the day and year first above written, ATTEST: DAKOTA TOWNHOMES, L.L.C. By: Managing Partner ATTEST: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Clerk to the Board Chairman 96USain 5 ISOM fx ASSOC_ EMCC 3033286266 P.07 EXHIBIT A FINAL PLANS ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DAKOTA MEADOWS MULTI -FAMILY HCE JOB NO. 95008,01 MAY 1, 1996 ITEM QUANTITY UNIT UNIT COST COST MOBILIZATION LUMP SUM $8,000.00 $8,000.00 "EXCAVATION LUMP SUM $15,000.00 515,000.00 2.5" ASPHALT 4000 SY $7.00 328,000.00 CLASS 6 ABC 670 CY 518.00 512,060.00 'CLASS 3 ABC 1554 CY 315.00 $23,310.00 12" CONCRETE RIBBON CURB3200 LF $9.50 530,400.00 'QRYUVELL 2 EACH $2,000.00 54,000.00 CLASS I ROAD SIGN 2 EACH 3200.00 $400.00 'WATER INTERCONNECTION 2 EACH 52,500.00 $5,000.00 `8' DIP WATERLINE 1850 LF 528.00 $51,800.00 '8" GATE VALVE 8 EACH $600.00 54,800.00 =FIRE HYDRANT ASSEMBLY 2 EACH 53,300.00 $6,600.00 "CONNECTION TO EXISTING SEWER 1 EACH 51,000.00 51,000.00 3 "8" SDR 35 SEWERLINE 1380 LF 525.00 $34,500.00 1 '6" SDR 35 SEWER 50 LF $25,00 $1,250.00 '4' DIAMETER MANHOLE 7 EACH 51,725.00 512,075.00 -4" SEWER SERVICE 38 EACH 5750.00 528,500.00 '314" WATER SERVICE 38 EACH $750.00 $28,500.00 4' UTILITY TRENCH 1400 LF 54.00 $5,600.00 "GAS MAIN LUMP SUM $5.600.00 $5,600.00 "`ELECTRIC MAIN LUMP SUM 524,000.00 524,000,00 —TELEPHONE MAIN LUMP SUM $5,600.00 55,600.00 "CABLE MAIN LUMP SUM $5,600.00 55,600.00 SUB -TOTAL $341,595.00 "TOTAL COST OF CONSTRUCTION COMPLETED 5216,335.00 TOTAL OF CONSTRUCTED TO BE COMPLETED $125,260.00 10% CONTINGENCY 512,526.00 GRAND TOTAL 5137,786.00 This opinion of probable construction cost was prepared for estimating purpo59S gnty. This estimate does not include engineering services, construction staking, surveying, tap fees, construction testing, or construction idministratian_ High Country Engeering, Inc_ cannot be held responsdate for variances from this estimate as actual costs may vary due to bid and market fluctuations. " These tacilities have already been constructed and approved by High Country Engineering, Inc. Mid -Valley Metro District and also Inspected the existing facilities. "-These figures are only estimates clue the fact that the utility companies have not responded with their cost at this lime. TOTAL P.02 CHAFFIN/LIGHT ASSOCIATES SNOWMASS CORPORATION P.O. BOX 5000 SNOWMASS VILLAGE, CO 81615 PHONE (970)923-4500, FAX (970)923-3129 FACSIMILE TRANSMISSION 1 TO: Mtn ZOA\1 beim QE%p. TO: TO: TO: TO: TO: FROM: 760(3 ( L c TO: q4css • TO: TO: TO: TO: TO: DATE: MM 13 I li% # OF PAGES (INCLUDING COVER PAGE): 3 M'Ac.Nco Mr(kW MI t5 k coPK oF Tue. Pazgotco cast . ct ccir 'a dv WE- r N Ta Prtou i D6. to GMar-t&- f c*J Ty To 4tc.vrtiC £0/IO 'd I£:18 NOW 96-£I-AVW MAY -10-1996 10:24 FROM ALPINE BANK SNOWMASS TO 9233129 P.02 IRREVOCABLE LETTER OF CREDIT Letter of Credit #45 May 7, 1996 Garfield County Attn: County Manager 109 8th Street, Suite 200 Glenwood Springs, Colorado 81601 Gentlemen: We hereby catabli,li vur Irrevocable Letter of Credit in your favor in rhe amount of $140,000.00. The purpose of this Letter of Credit is to secure the performance of the terms and conditions of the first paragraph of paragraph 1 and 3 set forth in the Subdivision Improvements Agreement for Dakota Townhomes, dated between Dakota Townhomes Limited Liability Co., therein referred to collectively as "Developer", and the Board of County Commissioners of the County of Garfield, State of Colorado, therein referred to as "County". You shall promptly notify us when a default or event of default of the Subdivision Improvements Agreement occurs. Your notification shall include any notice or order required to be sent to Developer pursuant to the Subdivision improvements Agreement. Notice shall be by telephone and in writing to: Alpine Bank, Snowmass Attention: Sheri Smith P.O. Box 5490 Snowmass Village, Colorado 81615 (970) 923-3600 You are hereby authorized to draw on sight on Alpine Bank, Snowmass, by draft not to exceed the amount of $140.000 commencing on May 10, 1996 partial drawings are permitted. The conditions for payment of any draft drawn against this Letter of Credit are as follows: 1. The original Letter of Credit shall be endorsed on the reverse side with the words: "Drawn by Garfield County, Colorado in the amount of ", then signed by the Manager of Garfield County, Colorado; and 2. The draw shall be attached to a letter, upon the letterhead of Garfield County, Colorado, executed by Garfield County, Colorado, stating that "There exists a default £020'd I£:121 NOW 96-£1-A W MAY -10-1996 10:24 PROM ALPINE BANK SNOWMPSS TO 9233129 P.03 under the terms of Paragraph 2 of the Subdivision Improvements Agreement for Dakota Townhomes Subdivision. dated , between Developer and the County, which default entitles the County to draw upon this Letter of Credit". The letter shall set forth the nature and extent of the default which entitles thc County to draw upon this Letter of Credit. This Letter of Credit is not transferable, Alpine Bank, Snowmass, agrees that drafts presented and negotiated under and in Compliance with the terms of this Letter of Credit shall be duly honored upon presentation and delivery of documents as specified rtbave, if presented on or before May 10, 1997, at 2:00 p.m. Mountain Daylight Time. When releases of the Letter of Credit are approved by the County in accordance with the provisions of Paragraph 1 of the release, the amount of this Letter of Credit shall be automatically reduced in the sauce amount of the amount of the release or, if no amount is specified, the cost identified in Attached Exhibit A identifying the public improvement which has been completed and approved by the County. Copies of all such releases shall be promptly delivered to the Bank upon their approval by the County. In the event the public improvements required by the provisions of Paragraph 1 of the Subdivision Improvements Agreement are not Constructed or completed in compliance therewith, on or before , Alpine Bank, Snowmass, agrees to pay a draft presented and negotiated under and in accordance with the terms of this Letter of Credit concerning thc second paragraph of Paragraph 1 of the Subdivision Improvements Agreement. This Letter of Credit shall be governed by Article V of the Uniform Commercial. Code as in effect in the State of Colorado. This Letter of Credit is subject to the Uniform Customs and Practice of Documentary credits, International Chamber of Commerce, Publication No. 400 (1989 Revision), except as otherwise expressly stated herein. Any communication with respect to the Letter of Credit shall he in writing and shall be addressed to Alpine Bank, Snowmass, as set for the above, to the attention of the undersigned. Sincerely, Alpine Bank, Snowrnaas By: Sheri Smith Senior Vice President SS/Ihb TOTRL P.03 EO/EO'd ZE:121 NOW 96-EI-AdW FINAL PLANS ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DAKOTA MEADOWS MULTI -FAMILY HCE JOB NO. 95008.01 MAY 1, 1996 ITEM MOBILIZATION *EXCAVATION 2.5" ASPHALT CLASS 6 ABC *CLASS 3 ABC 12" CONCRETE RIBBON CURB *DRYWELL CLASS I ROAD SIGN *WATER INTERCONNECTION *8" DIP WATERLINE *8" GATE VALVE *FIRE HYDRANT ASSEMBLY *CONNECTION TO EXISTING SEWER *8" SDR 35 SEWERLINE *6" SDR 35 SEWER *4' DIAMETER MANHOLE *4" SEWER SERVICE *3/4" WATER SERVICE 4' UTILITY TRENCH **GAS MAIN **ELECTRIC MAIN **TELEPHONE MAIN **CABLE MAIN QUANTITY UNIT LUMP LUMP 4000 670 1554 3200 2 2 2 1850 8 2 1 1380 50 7 38 38 1400 LUMP LUMP LUMP LUMP SUB -TOTAL *TOTAL COST OF CONSTRUCTION COMPLETED TOTAL OF CONSTRUCTED TO BE COMPLETED 10% CONTINGENCY GRAND TOTAL SUM SUM SY CY CY LF EACH EACH EACH LF EACH EACH EACH LF LF EACH EACH EACH LF SUM SUM SUM SUM UNIT COST $8,000.00 $15,000.00 $7.00 $18.00 $15.00 $9.50 $2,000.00 $200.00 $2,500.00 $28.00 $600.00 $3,300.00 $1,000.00 $25.00 $25.00 $1,725.00 $750.00 $750.00 $4.00 $5,600.00 $24,000.00 $5,600.00 $5,600.00 COST $8,000.00 $15,000.00 $28,000.00 $12,060.00 $23,310.00 $30,400.00 $4,000.00 $400.00 $5,000.00 $51,800.00 $4,800.00 $6,600.00 $1,000.00 $34,500.00 $1,250.00 $12,075.00 $28,500.00 $28,500.00 $5,600.00 $5,600.00 $24,000.00 $5,600.00 $5,600.00 $341,595.00 $216,335.00 $125,260.00 $12,526.00 $137,786.00 This opinion of probable construction cost was prepared for estimating purposes only. This estimate does not include engineering services, construction staking, surveying, tap fees, construction testing, or construction administration. High Country Engeering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. * These facilities have already been constructed and approved by High Country Engineering, Inc. Mid -Valley Metro District and also inspected the existing facilities. **These figures are only estimates due the fact that the utility companies have not responded with their cost at this time. /GH OLIN TR Y NG/NE£R/NG August 21, 1996 Mr. Mark Bean Department of Community Development Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601-3303 RE: Dakota Subdivision/Multi-family Dwellings HCE Job No. 95008.01 Dear Mark: I have been asked to write a letter to you concerning the infrastructure for the Dakota Subdivision Parcel A site. The developer has determined that the cost of the proposed ribbon curb on the sides of the proposed roadway is prohibitive and has asked that High Country Engineering redesign the road section to be more economical and still effectively maintain the edge of the asphalt. Based on these criteria, our new road section will utilize 24" gravel shoulders on both sides of the road in lieu of ribbon curb. This change in the design decreases the construction cost of the roadway by $25,600. My client has requested that his required letter of credit be reduced by this amount. Enclosed with this letter, please find a signed and sealed cost estimate for the new design. If you have any questions or I can be of further assistance, please do not hesitate to call. Thank you for your time. Sincere`y\\" 1j �QSO Tom: (Ir° NiTNGINEERING, INC. ��•• ✓ , 6,1.11,50� •• 'y ernon D. Hope;rj E.: 1 f9 t Mar�ap r • JDH:rjh Enc 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 FINAL PLANS ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DAKOTA MEADOWS MULTI -FAMILY HCE JOB NO. 95008.01 AUGUST 5, 1996 ITEM MOBILIZATION *EXCAVATION 2.5" ASPHALT CLASS 6 ABC *CLASS 3 ABC 24" GRAVEL SHOULDER *DRYWELL CLASS I ROAD SIGN *WATER INTERCONNECTION *8" DIP WATERLINE *8" GATE VALVE *FIRE HYDRANT ASSEMBLY *CONNECTION TO EXISTING SEWER *8" SDR 35 SEWERLINE *6" SDR 35 SEWER *4' DIAMETER MANHOLE *4" SEWER SERVICE *3/4" WATER SERVICE 4' UTILITY TRENCH **GAS MAIN **ELECTRIC MAIN **TELEPHONE MAIN **CABLE MAIN QUANTITY UNIT LUMP LUMP 4000 670 1554 3200 2 2 2 1850 8 2 1 1380 50 7 38 38 1400 LUMP LUMP LUMP LUMP SUB -TOTAL *TOTAL COST OF CONSTRUCTION COMPLETED TOTAL OF CONSTRUCTED TO BE COMPLETED 10% CONTINGENCY GRAND TOTAL UNIT COST SUM $8,000.00 SUM $15,000.00 SY $7.00 CY $18.00 CY $15.00 LF $1.50 EACH $2,000.00 EACH $200.00 EACH $2,500.00 LF $28.00 EACH $600.00 EACH $3,300.00 EACH $1,000.00 LF $25.00 LF $25.00 EACH $1,725.00 EACH $750.00 EACH $750.00 LF $4.00 SUM $5,600.00 SUM $24,000.00 SUM $5,600.00 SUM $5,600.00 COST $8,000.00 $15,000.00 $28,000.00 $12,060.00 $23,310.00 $4,800.00 $4,000.00 $400.00 $5,000.00 $51,800.00 $4,800.00 $6,600.00 $1,000.00 $34,500.00 $1,250.00 $12,075.00 $28,500.00 $28,500.00 $5,600.00 $5,600.00 $24,000.00 $5,600.00 $5,600.00 $315,995.00 $216,335.00 $99,660.00 $9,966.00 $109,626.00 This opinion of probable construction cost was prepared for estimating purposes only. This estimate does not include engineering services, construction staking, surveying, tap fees, construction testing, or construction administration. High Country Engeering, Inc. cannot be hel responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. *These facilities have already been constructed and approved by •• oSTER d — p . t .0 z • CSI J f � _ High Country Engineering, Inc. Mid -Valley Metro District and also inspected 'i • � • �•_— the existing facilities. r1 1 1A90FFS y`p� **These figures are only estimates due the fact that the utility companies have not responded with their cost at this time. 0 c) 09/04/96 11:48A 0 0 co AUG -22-1996 12:10 HIGH COUNTRY ENGINEERING P.02 August 21, 1996 Mr. Mark Bean Department of Con4unity Development Garfield County j 109 8th Street, Suite 303 Glenwood Springs„CO 81601-3303 RE: Dakota Subdivision/Multi-family Dwellings HCE Job N. 95008.01 Dear Mark: 1 have been asked Co write a letter to you concerning the infrastructure for the Dakota Subdivision Parcel A site. The developer has determined that the cost of the proposed ribbon curb on the sides of the proposed roadway is prohibitive and has asked 'that High Country Engineerin redesign the road section to be more economical and still effectively maintain the edge Of the asphalt. Based on these criteria, our new road section will utilize 24” gravel shoulders on both sides of the road in lieu of ribbon curb, This change in the design decreases the construction cost of the roadway by $25,600. My client has requested that his required letter of credit be reduced by this amount. Enclosed with this letter, please find a signed and sealed cost estimate for the new design. if you have any questions or I can be of further assistance, please do not hesitate to call. Thank you for your time. Sincerely c \..\i" Itt 1 kgC41 � NGINIEERING, INC. i N .-- i 't' W or r`eron D. 1 -lo E P`(9 CI) �nPer;-fir .. .pic Mana kt- ' . JDH:rjh Enc 9?3 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 CHAFFIN/LIGHT ASSOCIATES August 28, 1996 Mr. Mark Bean Department of Community Development Garfield County 109 8th. Street, Suite 303 Glenwood Springs, CO 81601-3303 RE: Amendment to Subdivision Improvements Agreement for Dakota Meadows Dear Mark: 1I77 "1 Y � 7 AUG 2 9 t994 LJ� i I CiALFif kin C:OL JTy Please find enclosed herewith the Amendment to Subdivision Improvements Agreement for Dakota Meadows. Jim Horn has signed on behalf of Dakota Townhomes LLC. Once the Chairman of the Board has signed this document and it has been recorded please have someone in your office send a copy to me for our records. Thank you for your time and assistance in this matter. Best Regards, Todd Bloom enclosures 5131 OWL CREEK ROAD BOX 5000 SNOWMASS VILLAGE, COLORADO 81615 970-923-4500 FAX: 970-923-3129 Mid Valley Metropolitan District 0031 Duroux Lane, Suite A • Basalt, CO 81621-9357 Phone: (970) 927-4077 • Fax (970) 927- 30 July 1996 Mr. Ed Podolak Dakota Partners, LLC Coates, Reid, & Waldron 720 E. Hyman Ave. Aspen, CO 81611 r LV ! Pi 3 11996 GAFFilEID COUNTY Re: Line Acceptance Contingencies for Dakota Phase I Dear Ed: Mid Valley Metropolitan District still needs to receive the following items from Dakota Partners, LLC before it can accept the water and sewer lines for Dakota Phase I: 1) A final walk-thru with the District's engineer. 2) Two copies of mylar as-builts of the development. 3) An autocad disk of the development. 4) A video tape of the development's sewer lines. Please remit these items to the District office no later than August 16, 1996, so the Board of Directors may consider acceptance of Dakota Phase I's water and sewer lines. If you have any questions, please don't hesitate to call. Office hours are Tuesday through Friday, 9 a.m. - 3 p.m. The next regularly scheduled meeting of the Board of Directors is Tuesday, August 20, 1996, at 7 p.m. Best Regards, MID VALLEY METROPOLITAN DISTRICT ACI-Xt • #gOLGrv---- Kelly M e -Johnson, Administrator cc: Louis Meyer (via fax 945-5948) Todd Bloom (via fax 923-3129) Garfield County Building & Planning 497942 B-990 P-798 09/04/96 11:48A PG 1 OF 3 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of September, 1996, by and between DAKOTA TOWNHOMES L. L. C. (hereinafter referred to as "Dakota"), and the Board of County Commissioners of Garfield County, Colorado, (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Dakota are the owners of certain real property located in Garfield County, Colorado, which real property is now known as Tract A, Dakota Subdivision (hereinafter referred to as the "Tract N') as recorded on the plat recorded in the records of the Garfield County Clerk and Recorders office; and WHEREAS, as a condition of approval of the Final Plat for Tract A, Dakota entered into a Subdivision Improvements Agreement (hereinafter referred to as the "Agreement") with the County dated June 10, 1996, and recorded in Book 981, at Page 551, Reception No. 494325; and WHEREAS, Dakota has applied to the County to amend said Agreement, which amendment the County finds to be acceptable to it as set forth in this Amendment to the Agreement; and NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree to amend said Agreement as follows: 1. That Exhibit A is amended by the reduction of the "Total of Constructed to be Completed" as shown on the attached Exhibit A, dated August 5, 1996. 2. All other terms and conditions of said Agreement shall remain in full force and effect. Dated this �Rd day of Z.e®%M b efr2. , 19' 6 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Chairman ATTEST: Cl rk and Recorder of Garfield is unty, Colorado Ex -Officio Clerk to the Board of County Commissioners of Garfield County, Colorado DAKOTA TOWNHOMES, L. L. C. O N 09/04/96 11:48A rn rn 0 rn rn w a) AUG -22-1996 12:10 HIGH COUNTRY ENGINEERING FINAL PLANS ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DAKOTA MEADOWS MULTI -FAMILY HCE JOB NO. 95008.01 AUGUST 5, 1996 ITEM QUANTITY UNIT UNIT COST COST MOBILIZATION LUMP SUM $8,000.00 $8,000.00 "EXCAVATION LUMP SUM $15,000.00 $15,000.00 2.5" ASPHALT 4000 SY $7.00 $28,000,00 CLASS 6 ABC 670 CY $18.00 $12,060,00 'CLASS 3 ABC 1554 CY $15.00 $23,310.00 24" GRAVEL SHOULDER 3200 LF $1.50 $4,800.00 *DRYWELL 2 EACH $2,000.00 $4,000.00 CLASS I ROAD thGN 2 EACH $200.00 $400.00 *WATER INTERCONNECTION 2 EACH $2,500.00 $5,000,00 •8" DIP WATERLINE 1850 LF $28.00 $51,800.00 *8" GATE VALV� 8 EACH $600.00 $4,800.00 'FIRE HYDRAN ASSEMBLY 2 EACH $3,300.00 $8,600.00 *CONNECTION O EXISTING SEWER 1 EACH $1,000.00 $1,000.00 -8" SDR 35 SEW RLINE 1380 LF $25.00 $34,500.00 "6" SDR 35 SEW R 50 LF $25.00 $1,250.00 *4' DIAMETER M NHOLE 7 EACH $1,725.00 $12,075.00 *4" SEWER SE VICE 38 EACH $750.00 $28,500.00 '3/4" WATER SERVICE 38 EACH $750.00 $28,500.00 4' UTILITY TRENCH 1400 LF $4.00 $5,600.00 "GAS MAIN LUMP SUM $5,600,00 $5,600.00 "'ELECTRIC MA N LUMP SUM $24,000.00 $24,000.00 "TELEPHONE MAIN LUMP SUM $5,600.00 $5,600,00 **CABLE MAIN LUMP SUM $5,600.00 $5,600.00 SUB -TOTAL 'TOTAL COST CF CONSTRUCTION COMPLETED TOTAL OF CONp TRUCTED TO BE COMPLETED 10% CONTINGENCY GRAND TOTAL P. 173 $315,995.00 $216,335.00 $99,660.00 $9,966.00 $109,626.00 This pinion of probable construction cost was prepared for estimating purppses only. This estimate does not include engineering services, ..\•‘"N 11 construction staking, surveying, tap fees, construction testing, or 1STER construbtion administration. High Country Engeering, Inc, cannot be held Q`'G responsible for variances from this estimate as actual costs may .o? vary due to bid and market fluctuations_ 5 0 , z a `These facilities have already been constructed and approved by High Cotntry Engineering, Inc. Mid -Walley Metro District and also inspected the existing facilities. r 1'O9 1 **These figures are only estimates due the fact that the utility companies have not responded with their cost at this time. TOTAL P.03 March 15, 1996 Mr. Mark Bean Department of Community Development Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601-3303 RE: Dakota Subdivision/Multi-family Dwellings HCE Job No. 95008.01 Dear Mark: I have been asked to write a letter to you concerning the infrastructure for the Dakota Subdivision Parcel A site. Included with this letter is the submittal for changing the proposed use of the property. This is all outlined in Mr. Isom's letter (enclosed). With respect to the site infrastructure the following has been completed: The water and sewer mains and services have been constructed and inspected by HCE and the Mid Valley Metro District representative. Record drawings are being completed at this time. The road has been rough graded as shown in the original plan. The new concept will require minor modifications to the grading. Drainage for the new concept is essentially equivalent to the old design and will not require modification to the overall drainage plan. Drainage flows and treatment of storm water will be handled as proposed in the original plan with the use of drywells. If you have any questions or I can be of further assistance, please do not hesitate to call. Thank you for your time. Sincerely, HIGH COUNTRY ENGINEERING, INC. 90.4_,covt_ Joe D. Hope, P.E. Project Manager JDH:rjh Enc 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 Alpine Bank Snowmass Village IRREVOCABLE LETTER OF CREDIT Letter of Credit #487 April 21, 1997 Garfield County Attn: County Manager 109 8th Street, Suite 200 Glenwood Springs, CO 81601 Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor in the amount of $5,500.00. The purpose of the Letter of Credit is to secure the performance of the terms and conditions of covenants 1 and 2 set forth in the Second Amendment to Subdivision Improvements Agreement for Dakota Townhomes, dated PPe t(. 2-3 , 1997 between. Dakota Townhomes Limited Liability Co., therein referred to collectively as "Developer", and the Board of County Commissioners of the County of Garfield, State of Colorado, therein referred to as "County". You shall promptly notify us when a default or event of default of the Second Amendment to Subdivision Improvements Agreement occurs. Your notification shall include any notice or order required to be sent to Developer pursuant to the terms of the Subdivision Improvements Agreement. Notice shall be by telephone and in writing to : Alpine Bank, Snowmass Attention: Stan Kornasiewicz P.O. Box 5490 Snowmass Village, Colorado 81615 (970) 923-3600 You are hereby authorized to draw on sight on Alpine Bank, Snowmass, by draft not to exceed the amount of 55,500.00 commencing on April 21, 1997 partial drawings are permitted. The conditions for payment of any draft drawn against the Letter of Credit are as follows: 1. The original Letter of Credit shall be endorsed on the reverse side with the words: "Drawn by Garfield County, Colorado in the amount of 55,500.00", then signed by the Manager of Garfield County, Colorado, Colorado; and 2. The draw shall be attached to a letter, upon the letterhead of Garfield County, Colorado, executed by Garfield County, Colorado, stating that "There exists a default under the terms of Covenant 2 of the Second Amendment to Subdivision Improvements Agreement for Dakota Townhomes Subdivision, dated 1 c IL . 1997, between Developer and the County, which default entitles the County to draw upon this Letter of Credit". The letter shall set forth the nature and extent of the default which entitles the County to draw upon this Letter of Credit. This Letter of Credit is not transferable. Alpine Bank, Snowmass, agrees that drafts presented and negotiated under and in compliance with the terms of this Letter of Credit shall be duly honored upon Snowmass Resort • P.O. Box 5490 • 15 Kearns Road • Snowmass Village, Colorado 81615 • (303) 923-3600 • FAX (303) 923-6973 presentation and delivery of documents as specified above, if presented on or before June 30, 1999, at 2:00 p.m. Mountain Daylight Time. When releases of the Letter of Credit are approved by the county in accordance with the provisions of Covenant 2 of the release, the amount of this Letter of Credit shall be automatically reduced in the same amount of the amount of the release or, if no amount is specified, the cost identified in Attached Exhibit A identifying the public improvement which has been completed and approved by the County. Copies of all such releases shall be promptly delivered to the Bank upon their approval by the County. This Letter of Credit shall be governed by Article V of the Uniform Commercial Code as in effect in the State of Colorado. This Letter of Credit is subject to the Uniform Customs and Practice of Documentary credits, International Chamber of Commerce, Publication No. 400 (1989 Revision), except as otherwise expressly stated herein. Any communications with respect to the Letter of Credit shall be in writing and shall be addressed to Alpine Bank, Snowmass, as set for the above, to the attention of the undersigned. Sincerely, Alpine Bank, Snowmass By: L'".1- Sheri Smith, Senior Vice President 1,4dL SECOND AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT THIS SECOND AMENDMENT is made and entered into this day of , 1997, by and between DAKOTA TOWNHOMES L.L.C., a Colorado limited liability company ("Dakota") and the Board of County Commissioners of Garfield County, Colorado ("County"). WITNESSETH: WHEREAS, Dakota is the owner of certain real property located in Garfield County, Colorado, known as Tract A, Dakota Subdivision ("Tract A") according to the recorded Plat thereof and has entered -into a Subdivision Improvements Agreement for securing collateral for completion of certain improvements in the subdivision on Tract A, as recorded in Book 981 at Page 552 ("SIA"), and as amended by the Amendment thereto recorded in Book 990 at Page 798; and WHEREAS, Dakota is seeking approval of a amendment to the Tract A Plat which shall include resubdivision of Lots 1, 21 and 22 to reconfigure Lot 1 and create Lots 21 through 26 to provide for development of Row Houses as defined by the Garfield County Code and to provide additional Open Space area fronting Highway 82, which shall be conveyed to the Dakota Homeowners' Association ("Amended Plat"); and WHEREAS, the parties have agreed that additional security shall be provided to the County for landscaping and berming work that Dakota plans to install on the Open Space and Lots 21 - 26 area fronting Highway 82. NOW THEREFORE, for and in consideration of the promises and covenants contained herein and in the SIA, the parties agree as follows: 1. Dakota warrants all vegetation associated with the amended plat for Row House Lots 21 -26, as described in paragraph 2, below, for a period of two years following certification of completion of landscaping plan. 2. Dakota shall provide a landscaping plan to the County setting forth the landscaping and berming work to be completed on Lots 21 - 26 and Open Space area as described on the Tract A Amended Plat, with a bid as to the cost of the work, broken out by earthmoving and revegetation and plantings. Dakota shall provide a letter of credit, or cash, to the County in the amount of the total cost, estimated at this time to be approximately $5480.00, and upon completion of the work, the amount of security for the earthmoving will be released and the amount for the revegetation and plantings shall be maintained with the County for two (2) years from the date of recordation of the Amended Plat for the purpose of assuring the replanting of vegetation during the two year period. 3. All other provisions of the SIA not modified herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this SECOND AMENDMENT on the date first written above. DAKOTA TOWNHOMES, L.L.C., a Colorado limited liability company By: Manager ATTEST: BOARD OF COUNTY COMM[SSIONERS OF GARFIELD COUNTY By: Clerk to the Board Chairperson m:\data\chlight\amend. sia NFrcw..�C ..�rkw, ..y! In +.� •�r:eJH.9.V _w Landscaping & Lawn Maintenance DAKOTA Dt CXES av:ni DAKOTA MEADOWS DR. CARBONDALE, CO RE: LANDSCAPING BID ON BURM ALONG HIGHWAY APRIL 10, 1997 DESCRIPTION QUANITY UNIT PRICE ROUGH GRADE BURM & SEED 27,000 SQ.FT. .10/SQ.FT. WITH NATIVE GRASS SEED TOTAL 2700.00 BLUE SPRICE TREES 6'-O" INSTALLED 8 200.00 EA. 1600.00 2" ASPEN CLUMPS 7 60.00 EA. 420.00 5 GAL. POTENTILLA INSTALLED 19 40.00 EA. 760.00 TOTAL 5480.00 ALL PLANT MATERIAL IS GUARANTEE FOR ONE YEAR AFTER INSTALLATION. THERE IS NO GUARANTEE ON GERMINATION RATE ON ANY SEEDING. THANK YOU FOR THE OPPORTUNITY TO BID YOUR LANDSCAPING. DAKOTA HIGHWAY BURM TERMS OF CONTRACT IS %2 DOWN AND THE REMAINDER THE DAY UPON COMPLETION OF THE JOB. P.Q. Box 1623 • CARBONDALE. CO 81623 • (970) 963-1237 (1z 499823 B-996 P-672 10/17/1996 04:04P PG 1 OF 2 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 ACKNOWLEDGEMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, DAKOTA TOWNHOMES, L.L.C. (hereinafter "DAKOTA"), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado, (hereinafter "Board") recorded in Book 981, at Page 551 of the Garfield County records on June 10, 1996, for the improvements of the Tract A, Dakota Subdivision; and WHEREAS, said Subdivision Improvements Agreement with the Board was amended, recorded in Book 990, at Page 798 of the Garfield County records on September 4, 1996, for the improvements of the Tract A, Dakota Subdivision; and WHEREAS, Dakota has requested the release of all security, except a retainer of $9,966.00 based on a statement from High Country Engineering (Joe Hope, P.E.), certifying that the improvements identified as Exhibit "A" of the Amended Subdivision Improvements Agreement have been completed in accordance with the approved plans and specifications submitted as a part of the original final plat. NOW THEREFORE, at the request of the Developer and in consideration of the premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the Subdivision Improvements Agreement entered into by the Developer and the Board for the Tract A, Dakota Subdivision, and releases all security, except a 10% retainer in the amount of $9,966.00. STATE OF COLORADO )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledge before , 1996, by Marian Smith, as Chairman of Garfield County, Colorado. WITNESS my hand and official seal. By: Chairman me on this ,i4 day of of the Board of County Commissioners My commission expires /V /4" Jed/La Garfield Coy Clerk 499823 B-996 P-673 10/17/1996 04:04P PG 2 OF 2 /Grr OUNTR NG/NEER/NG `� x October 3, 1996 Mr. Mark Bean Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 RE: Dakota Subdivision- Multi Family HCE Job No. 95008.01 Dear Mark: This letter is written to formally notify the County of the completion of the required public improvements for the above referenced project. Based on periodic observations of the construction in progress, the construction of all utilities and roadways have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On behalf of the owner, we request the County to accept the public improvements completed for the above referenced project and request the release of all collateralization representing these improvements. If you have any questions or need additional information, please call. Sincerely, HIGH C%12E1N�GINEERING, INC. Q4Ci��' er 0 1, , •HOP`• //,, Verner02?Ho° Proj e.t`&1Mager JDH:rjh cam. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 October 3, 1996 Mr. Mark Bean Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 RE: Dakota Subdivision- Multi Family HCE Job No. 95008.01 Dear Mark: This letter is written to formally notify the County of the completion of the required public improvements for the above referenced project. Based on periodic observations of the construction in progress, the construction of all utilities and roadways have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On behalf of the owner, we request the County to accept the public improvements completed for the above referenced project and request the release of all collateralization representing these improvements. If you have any questions or need additional information, please call. Sincerely, HIGH CQC4 ti11NIGINEERING, INC. I1 • f/• 0 • Verner J Ho , .E. Proj ed,t14fager JDH:rjh I ItCF- 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 ON 0 199 + CHAFFIN/LIGHT ASSOCIATES October 4, 1996 Mr. Mark Bean Garfield County Planner 109 8th. Street 3rd. Floor Glenwood Springs, CO 81601 RE: Dakota Meadows Subdivision Improvements Agreement & Amendment Dear Mark: Dakota Townhomes LLC entered into a Subdivision Improvements Agreement with Garfield County for the Dakota Meadows Subdivision and provided a letter of credit to the County to secure the performance of said Agreement. This Agreement was subsequently amended to decrease the "Total of Constructed to be Completed" line as shown in Exhibit A of the document. High Country Engineering has already contacted you, as evidenced by the attached letter, to notify the County of the completion of the required improvements specified in the SIA. According to Section 2 of the Subdivision Improvements Agreement, if the County determines that the improvements have not been constructed in compliance with relevant specifications, the County must provide a letter of potential deficiencies to Dakota within 15 days from the date the County receives certification of completion . If a letter of potential deficiencies is not furnished within 15 days, all improvements will be deemed accepted and the County shall release the appropriate amount of security. According to Section 1 or the Subdivision Improvements Agreement, Dakota is required to warrant the improvements for a period of 6 months. A retention of 10% of the Letter of Credit shall be used to secure said warranty period. Dakota Townhomes provided a letter of credit in the amount of $137,786 with the initial SIA. With the County's acceptance of the Amended SIA, the letter of credit should have been reduced to $109,626. However, Dakota Townhomes did not pursue the reduction at that time. At such time as the County accepts the improvements at Dakota, we request that the County reduce the letter of credit to $9,966 which represents 10% of the "Total of Constructed to be Completed" amount detailed in the Amended SIA. Should you have any questions, please contact me directly. Thank you for your time and consideration. Best Regards, Todd Bloom 5131 OWL CREEK ROAD BOX 5000 SNOWMASS VILLAGE, COLORADO 81615 970-923-4500 FAX: 970-923-3129 OCT -03-1996 16:15 HIGH COUNTRY ENGINEERING October 3, 1996 Mr. Mark Bean Garfield County Planning 109 8th Street, 3rd Flo r Glenwood Springs, COI 81601 RE: Dakota Subdivision- Multi Family HCE Job No. 91008.01 Dear Mark: Post -IV Fax Note 7671 P.01 Date Io of ► / pages To 7 _{/ aZe e Co./Dept From co. T 4/7n Phone Fax 7.2S - 3/.2 Phone Fax # This letter is written to formally notify the County of the completion of the required public improvements for the above referenced project. Based on periodic obseivations of the construction in progress, the construction of all utilities and roadways have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. This statement of comple- tion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including Commonly accepted industry practices. On behalf of the owner,;we request the County to accept the public improvements completed for the above referenced project and request the release of all collateralization representing these improvements, If you have any questions or need additional information, please call. Sincerely, HIGH COUNTRY ENGINEERING, INC. we. 4111 -- doe Hope, P,E. Project Manager JDH:rjh 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 TOTAL P.01 HUG -14-109E 13;53 HIGH COUNTRY ENGINEERING Date: To: ZALMINIKImuLysim High Country Engineering, Inc. Fax (970) 945--2555 Fax Number: From: +C- HCE Job No. Total number of pages, including this cover page: Brief Description; or Additional instructions: �.. M )M 41::) P.01 If you have any problems receiving this transmission, please call (970) 945-8676. Original Mailed original NOT Mailed 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 RUG -14-1996 13 54 HIGH COUNTRY ENGINEERING P.02 FINAL PLANS ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DAKOTA MEADOWS MULTI -FAMILY HCE JOB NO. 95008.01 AUGUST 5, 1996 ITEM MOBILIZATION *EXCAVATION 2.5" ASPHALT CLASS 6 ABG 'CLASS 3 ABC 24" GRAVEL SHOULDER *DRYWELL CLASS I ROAD SIGN *WATER INTERCONNECTION '8" DIP WATERLINE '8" GATE VALVE *FIRE HYDRANT ASSEMBLY 'CONNECTION TO EXISTING SEWER *8" SDR 35 SEWERLINE '6" SDR 35 SEWER *4' DIAMETER MANHOLE *4" SEWER SERVICE *314" WATER'SERVICE 4' UTILITY TRENCH "'GAS MAIN *"ELECTRIC f 1AIN **TELEPHONE MAIN **CABLE MAIN 07UANTITY UNIT UNIT COST LUMP SUM 58,000,00 LUMP SUM $15,000,00 4000 SY $7.00 670 CY $18.00 1554 CY $15.00 3200 LF $1.50 2 EACH 52,000.00 2 EACH $200.00 2 EACH $2,500.00 1850 LF $29.00 8 EACH $600.00 2 EACH 53,300.00 1 EACH $1,000.00 1380 LF 525.00 50 LF 525.00 7 EACH $1,725.00 38 EACH $750.00 38 EACH 5750.00 1400 LF 54.00 LUMP SUM $5,600.00 LUMP SUM 524,000.00 LUMP SUM 55,600.00 LUMP SUM $5,600.00 SUB -TOTAL *TOTAL COST OF CONSTRUCTION COMPLETED TOTAL OF CONSTRUCTED TO BE COMPLETED 10% CONTINENCY GRAND TOT4L This opinion of probable construction cost was prepared for estimating purposes only. This estimate does not include engineering services, construction staking, surveying, tap fees, construction testing, or construction administration. High Country Engeering, Inc. cannot be held lesponsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. I7hese facilities have already been constructed and approved by High Country Engineering, Inc. Mid -Valley Metro District and also inspected the existing facilities. *"These figures are only estimates due the fact that the utility companies have not responded with their cost at this time. COST 58;000.00 515,000,00 $28,000.00 512, 060.00 $23,310.00 54, 800.00 54,000.00 5400,00 $5,000.00 551,800.00 54, 800.00 $6,600.00 $1,000.00 5534, 500.00 $1,250.00 $12,075,00 528,500.00 528,500,00 $5,600.00 55,600.00 524, 000.00 $5,600.00 55,600.00 5315,995.00 5216, 335.00 599,660.00 $9,966.00 $109,626.00 TOTAL P. n2