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HomeMy WebLinkAbout2.0 CorrespondenceLEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER DAVID E. LEAVENWORTH, JR. JOSLYN V. WOOD* GREGORY J. HALL DAVID H. McCONAUGHY *Admitted in Hawaii and Texas only October 9. 1998 Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 VIA HAND DELIVERY Re: Cedar Hills Ranch Subdivision Improvements Agreement Dear Mark: As you likely recall, I contacted you by phone in late September on behalf of Cedar Hills Ranch Subdivision concerning the final developer requirement under the original and amended Subdivision Improvements Agreement and Site Specific Development Plan; namely, the need for Spring Creek Land Company, L.L.C. to complete the chip and seal of the existing road through the subdivision. At that time, I indicated to you that the Cedar Hills Ranch Homeowner's Association, on behalf of lot owners within the subdivision, has requested that Spring Creek Land Company, L.L.C. pursue an extension of the chip and seal deadline under the amended SIA. Pursuant to your direction, our office is submitting a formal request to the County that it consider extending the chip and seal deadline from September 30, 1998 to July 1, 1999. Please find enclosed a draft Second Amended Subdivision Improvements Agreement and Site Specific Development Plan which, if executed, will extend such deadline as requested. In addition, enclosed is a copy of a letter from Jeffrey A. Johnson, Vice President of Bank of Colorado - Western Slope which confirms its agreement to extend the existing Disbursement Agreement to guarantee funds for the chip and seal requirement for the requested time period. The Cedar Hills Ranch Homeowner's Association requested the developer seek an extension of the chip and seal deadline to accommodate ongoing construction schedules of various lot owners within the subdivision. Several owners are currently constructing residences, and a concentrated level of construction within the subdivision is anticipated between now and mid -summer 1999. As such, the Homeowner's Association expects the heavy machinery and construction equipment used for excavation and construction of these residences will cause LEAVENWORTH & TESTER, P.C. Page 2 October 9, 1998 premature and unnecessary damage to the road chip and seal. Extension of the chip and seal deadline to July 1, 1999 will help alleviate the wear and tear on the new road during the next nine months. In addition, you may recall that the chip and seal deadline was originally extended to September 30, 1998 in order to allow sufficient time for settlement and compaction of the existing Subdivision road prior to chip and seal. Should the County grant this extension request, it may provide an additional settlement and compaction benefit to the road. On behalf of Spring Creek Land Company, L.L.C., we appreciate your willingness to consider this request to amend the Subdivision Improvements Agreement and Site Specific Development Plan. Please be advised that Spring Creek Land Company, L.L.C. intends to fully comply with the chip and seal requirement under the agreements executed with the County and requests the County refrain from declaring a finding of non-compliance or default while the County reviews this request. Spring Creek Land Company, L.L.C. is fully prepared to proceed immediately with chip and seal of the Cedar Hills Ranch Subdivision road should the County deny its request to amend the SIA. Thank you for your attention to this matter, and please do not hesitate to contact me at your convenience should you have any questions in this regard. Very truly yours, LEAVENWORTH & TESTER, P.C. Gregor GJH:lln Enclosures cc: Norm and Laura Clasen Scott Brewer Ron Wilson, Esq. F:\1998\Letters-Memos\CLASEN-Cedar Hills-Bean-ltr-l.wpd SECOND AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT AND SITE SPECIFIC DEVELOPMENT PLAN THIS SECOND AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT AND SITE SPECIFIC DEVELOPMENT PLAN is entered into by and between the SPRING CREEK LAND COMPANY, L.L.C. (hereinafter "Owner/Subdivider"), the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (hereinafter "County"), and BANK OF COLORADO -WESTERN SLOPE (hereinafter "Bank"); WITNESSETH: WHEREAS, Owner/Subdivider is the owner and developer of certain real property within Garfield County, Colorado, known as the Cedar Hills Ranch Subdivision (hereinafter "Subdivision"), the final plat for which was recorded with the Garfield County Clerk and Recorder's Office as Reception No. 496234; and WHEREAS, Owner/Subdivider has been required by the County to construct certain public improvements (hereinafter "Improvements") in connection with the development of the Subdivision in accordance with the Land Use Regulations of Garfield County, Colorado, and is subject to a Subdivision Improvements Agreement and Site Specific Development Plan dated June 10, 1996, recorded in Book 986 at Page 496 as Reception No. 496233 in the Garfield County Clerk and Recorder's Office and an Amendment to Subdivision Improvements Agreement and Site Specific Development Plan dated February 27, 1998, recorded in Book 1056 at Page 979 as Reception No. 521515 in the Garfield County Clerk and Recorder's Office (collectively "SIA"); and WHEREAS, Owner/Subdivider has completed all public improvements and requirements under the SIA, except the requirement to chip and seal all roads within the Subdivision; and WHEREAS, The Cedar Hills Ranch Homeowner's Association, on behalf of lot owners within Cedar Hills Ranch Subdivision, has requested the Owner/Subdivider approach the County to seek an extension of the Owner/Subdivider deadline for chip and seal of the existing subdivision road from September 30, 1998 to July 1, 1999, to allow completion of existing home construction projects in progress and to minimize the resulting damage such construction may inflict upon the chip and seal improvements; and WHEREAS, the Owner/Subdivider and the County agree that the chip and seal deadline of September 30, 1998 was selected to allow sufficient time for settlement and compaction of the existing road within the Subdivision prior to any chip and seal work performed by Owner/Subdivider as required under the SIA and that extension of the chip and seal deadline to July 1, 1999 may further enhance settlement and compaction of the existing road; and F:\1998\Docs-Agmts\CLASEN-Cedar Hills-SIA-Amendment-2.wpd October 8, 1998 -1- WHEREAS, Owner/Subdivider and the County agree to amend the SIA to allow chip and seal of the existing road to be performed no later than July 1, 1999, provided Owner/Subdivider continue to maintain improvement funds for chip and seal work in the amount of Thirty Thousand Eight Hundred Twenty -Four Dollars ($30,824.00), which represents a current estimate of costs associated with 3/4" chip and seal and 3/8" to 1/2" overlay of the existing Subdivision road. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner/Subdivider' s Performance. Owner/Subdivider shall cause to be constructed, at Owner/Subdivider's own expense, the chip and seal improvements to the existing road within the Subdivision as identified in Exhibit A of the Subdivision Improvements Agreement and Site Specific Development Plan, no later than July 1, 1999. Owner/ Subdivider agrees that the remaining chip and seal improvements shall be constructed in compliance with all requirements and specifications previously identified in the SIA. 2. Default. Owner/Subdivider shall be in default under this Second Amendment to Subdivision Improvements Agreement and under the SIA should they fail to complete the chip and seal improvement identified in paragraph (1) above by July 1, 1999. In the event of such default by Owner/Subdivider, the County may pursue any and all remedies it has under the SIA. Any default under this Second Amendment shall be considered a default under the SIA, and all provisions set forth in the SIA regarding default, including remedies and attorneys' fees are incorporated herein by reference. 3. Ratification. Except as expressly modified herein, the parties affirm and ratify the Subdivision Improvements Agreement and Site Specific Development Plan and Amendment to Subdivision Improvements Agreement and Site Specific Development Plan. 4. Consent of Lender. The Bank executed this agreement for the sole purpose of extending the Disbursement Agreement dated July 24, 1996, until July 1, 1999 for the $30,824.00 required to complete the remaining public improvement identified herein. 5. Recordation. Upon execution by all parties, this Second Amendment to Subdivision Improvements Agreement and Site Specific Development Plan shall be recorded in the office of the Garfield County Clerk and Recorder. 6. Complete Agreement. This Second Amendment to Subdivision Improvements Agreement and Site Specific Development Plan constitutes the entire agreement between the County and Owner/Subdivider pertaining to the Amendment of the SIA. Except as specifically provided in this Second Amendment, each and every term and condition of the SIA shall otherwise remain in full force and effect and be binding upon all parties to the SIA. To the extent the terms of this Second Amendment are in conflict with the provisions of the SIA, the terms of this Second Amendment shall govern. F:\1998\Docs-Agmts\CLASEN-Cedar Hills-SIA-Amendment-2.wpd October 8, 1998 -2- 7. Severability. In the event any part of this Second Amendment is found void, the remaining provisions of this amendment shall nevertheless be binding with the same effect as though the void part was deleted. WHEREFORE, the parties hereto have executed this Second Amendment to Subdivision Improvements Agreement and Site Specific Development Plan this day of , 1998. ATTEST: Clerk ATTEST: F:\1998\Docs-Agmts\CLASEN-Cedar Hills-SIA-Amendment-2.wpd October 8, 1998 By By By -3- SPRING CREEK LAND COMPANY, LLC Norman E. Clasen, Managing Agent BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Chairman BANK OF COLORADO -WESTERN SLOPE Jeffrey A. Johnson, Vice President STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed and sworn to before me this day of , 1998, by Norman E. Clasen as Managing Agent on behalf of Spring Creek Land Company, LLC. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed and sworn to before me this day of , 1998, by , as Chairman, and by as Clerk to the Board, on behalf of the Board of County Commissioners of Garfield County, Colorado. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed and sworn to before me this day of , 1998, by Jeffrey A. Johnson, as Vice President, and as on behalf of Bank of Colorado -Western Slope. Witness my hand and official seal. My commission expires: F:\1998\Docs-Agmts\CLASEN-Cedar Hills-SIA-Amendment-2.wpd October 8, 1998 -4- Notary Public K. Bank of Colorado - Western Slope I GLENWOOD SPRINGS October 2, 1998 Mr. Greg Hall Leavenworth & Associates 1011 Grand Ave. Glenwood Springs, CO 81601 Re: Spring Creek Land Co. / Cedar Hills Subdivision Dear Greg: OCT 0 5 F `vi N'A,OnT T i1T t .J The purpose of this letter is to confirm that Bank of Colorado would agree to the extension of the Disbursement Agreement currently in place in support of the infra- structure at the Cedar Hills Subdivision. The remaining work to be completed is the final chip and seal of the roads. It is my understanding that the estimated completion of the roads and expiration of the Disbursement Agreement would be sometime next summer. As in the past, please copy our attorney, Ron Wilson, with all correspondence and documents to be executed. Please call if you have any questions and let me know when the extension will need to be executed. Vice President cc Ron Wilson Norm Clasen 9th & Grand P.O. Box 520 Glenwood Springs Colorado 81602 Tel (970) 945-7422 Fax (970) 945-8320 4ihlrnte of Pinn.t,:ie P.v.t December 19, 1997 Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 Attn: Mark Bean Eric McCafferty RE: Cedai Hills Subdivision - Partial Release of Collateral HCE Project No. 95020.04 Gentlemen: Based on periodic observations of the construction in progress, the road and earthwork improvements listed in the Engineer's estimate of Probable Construction Cost have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations, except as noted below. The one exception is the placing of the chip and seal on Cedar Hills Drive. This item shall be completed by October of 1998. The estimated cost for the chip and seal, $35,337.50, shall remain unreleased. Enclosed is an estimate from Harry's Heavy Haulers, INC. indicating a cost of up to $3.00/ s.y., depending upon the chip and seal method chosen. The total chip and seal required is 9750 s.y., which would total $29,250. Add $2000 for mobilization and base preparation and the total is $31,250 maximum. Based on this, the original estimate for the chip and seal is still adequate to cover the cost for chip and seal at today's costs. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On the owner's behalf, we are requesting the release of remaining collateral, less the chip and seal, being held by the county for the completed construction. Please contact me if you have any questions or need additional information. Sincerely, HIGH NTRY ECINEERIN Roger D. Neal, P.E. Project Engineer RDN/rjh enc. cc: Norm Clasen , Spring Creek Lan 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW February 8, 2000 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Itlaw@sopris.net Re: Cedar Hills Ranch Subdivision Improvements Agreement Dear Mark: Enclosed are invoices from Harry's Heavy Haulers for the chip and seal improvements completed by Spring Creek Land Company, LLC ("Spring Creek"), as required by the Subdivision Improvements Agreement and Site Specific Development Plan ("SIA") executed between Spring Creek and Garfield County (the "County"). As you may recall, Spring Creek, the County, and the guarantor, Bank of Colorado — Western Slope executed a First and Second Amendment to the SIA in which the County agreed that all public improvements and other requirements under the original SIA were complete, and the only remaining obligation by Spring Creek was to complete the chip and seal of the Cedar Hills Ranch Subdivision road. Spring Creek respectfully requests the County's acceptance of the chip and seal improvements, and further requests confirmation that no further improvements are required under the terms and conditions of the SIA and amendments thereto. Spring Creek also requests that the Bank of Colorado — Western Slope and Spring Creek be released from the terms and conditions of the SIA and the Disbursement Agreement dated July 24, 1996, which provided security for the chip and seal improvement in the amount of $30,824.00. As you can see from the invoices, Spring Creek has completed a 3/4 inch chip and seal with a 3/8 inch overlay as required by the SIA and full payment for the improvement has been made. If the County Engineer needs to inspect the chip and seal improvements prior to acceptance by the County, please feel free to contact me if a representative of Spring Creek needs to be available. y;.. .,''•c4V1V3 %TMEMT 1t1�? Egli ST.- SU1TE 303 a� t Oj ENWOOD OOD St)Rt,1G , CO RECEIV'ED FES 3 263 F: \2000\ Letters -Memos \CLASEN-Bean-ltr-1. wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 2 February 8, 2000 Thank you in advance for your attention to this matter. Do not hesitate to contact me if you have any questions or concerns. Very truly yours, LEAVENWOR H & TESTE, P C. GJH:bsl rego . Ha Enclosures cc: Norm and Laura Clasen, w/enc. Scott Brewer, w/enc. Jeff Johnson, w/enc. Ronald M. Wilson, Esq., w/enc. F: \2000\ Letters -Memos \CLASEN-Bean-ltr-1. wpd June 19, 2000 Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 Attn: Mark Bean RE: Cedar Hills Subdivision - Final Release HCE Project No. 95020.04 Gentlemen: RECEIVED JUN 2 1 2000 Based on recent observation of the chip and seal listed in the Engineer's estimate of Probable Construction Cost has been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. This chip and seal was installed in the Fall of 1999, and inpected June 16, 2000. This inspection found the road to be in excellent condition, and in no need of repair. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including comrnonly accepted industry practices. On the owner's behalf, we are requesting the release of collateral for the chip and seal improvements. Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNTRY ENGINEE'NG, I Rog- r . Neal, P.E. Project Engineer RDN/rjh enc. cc: Norm Clasen, Spring Creek Land Company, LLC Gregg Hall, Leavenworth and Assoc. 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 GARFIELD COUNTY SURVEYOR'S OFFICE APRIL 10, 1997 GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH STREET GLENWOOD SPRINGS, 81601 CV . ATTN: MR. MARK BEAN, DIRECTOR RE: COUNTY SURVEYOR REVIEW OF THE AMENDED PLAT OF LOTS 7 AND 8, CEDAR HILLS RANCH. DEAR MARK; I HAVE REVIEWED THE ABOVE REFERENCED PLAT AND NOTE THE FOLLOWING: 1) THE PLAT INDICATES THAT THE SCALE OF THE DRAWING IS 1"=100' BUT THE MAP APPEARS TO BE DRAWN AT A SCALE OF 1"=50'. SHOULD YOU HAVE ANY QUESTIONS, CC: FRANK HARRINGTON, P.L.S. HIGH COUNTRY ENGINEERING 923 COOPER AVE. GLENWOOD SPRINGS, CO. 81601 SENT VIA FAX COUNTY FILES PLEASE FEEL FREE krO GIVE ISE A CALL. SINCERELY; / r SAMUEL PHELPS AS GARFIELD COUNTY SURVEYOR County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street, Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 November 11, 1997 Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 Attn: Mark Bean Eric McCafferty RE: Cedar Hills Subdivision - Partial Release of Collateral HCE Project No. 95020.04 NOV 1 4 1991: Gentlemen: Based on periodic observations of the construction in progress, the road and earthwork improvements listed in the Engineer's estimate of Probable Construction Cost have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. One exception is the placing of the chip and seal on Cedar Hills Drive. At this time the developer would like to have the project accepted by the county and begin the warranty period on all items but the chip and seal. The estimated cost for the chip and seal, $35,337.50, shall remain unreleased. The warranty period for the chip and seal shall not begin until such time as the chip and seal is placed. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On the owner's behalf, we are requesting the release of remaining collateral, less the chip and seal, being held by the county for the completed construction. We would also request that the warranty period be allowed to begin. Please contact me if you have any questions or need additional information. Sincerely, HIGH CO NTRY ENGINEERING, INC. Roger D. Neal, P.E. Project Engineer RDN/rjh cc: Norm Clasen, Spring Creek Land Company, LLC 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 July 12, 1996 Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 Attn: Mark Bean Eric McCafferty RE: Cedar Hills Subdivision - Partial Release of Collateral HCE Project No. 95020.04 Gentlemen: Please find enclosed a copy of the first approved construction pay request for the Cedar Hills Subdivision public improvements. Based on periodic observations of the construction in progress, the road and earthwork improvements listed in the above referenced Pay Request for the Subdivision 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 the owner's behalf, we are requesting the release of the collateral being held by the county for the completed construction. Please contact me if you have any questions or need additional information. Sincerely, cc: Norm Clasen, Spring Creek Land Company, LLC 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4NC4NELL4 41100 4S5OCI4TES, INC. ENGINEERING CONSULT4NTS July 12, 1996 Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 RE: Cedar Hills Ranch - Water Line Installation Dear Norm: (970) 945-5700 (970) 945-1253 Fax At your request we have inspected the installation of the 6 inch water line for the Cedar Hills Subdivision. To date approximately 5100 feet of line has been installed at a cost of $106,250.00. The water has been installed in compliance with the Subdivision Improvement Agreement, approved construction documents, and the Garfield County Regulations. The line has not been pressure tested or disinfected. We recommend that you retain 10% ($10,625.00) of the funds requested until this work has been completed. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On the owner's behalf, we are requesting the release of the collateral being held by the county for the completed construction. If you have any questions, please feel free to contact our office at (970) 945-5700. Very truly yours, Zancanella and Associates, Inc. Thomas A. Zancanella, P.E. President cc: Norman Clasen I:\95213\10funds Cedar Hills Subdivision Re; Norm Clasen TEAMS A llnance Charge of 2% per month (24% per annum) will be added ' to all pact due accounts over 30 days, DATE . PLEASE DETACH AND RETURN WITH YOUR REMITTANCE vOIQ NU tperVOR aOF1tP T Date ,_,)uly_.9...19.96_._.._. ._ . BALANCE FORWARD BALANCE l / f Mobilization RoadsClearing & Grubbing of 1500 1 6800 00 00 Building of Roads (Main & Emutgency) 73200 00 Graveling of •. (30%complete) 37630 00 installation of Culverts building of detention pond 18810 00 9275 00 installation of waterline 106250 00 Amount Due to D6tO ; 263465 00 Amount of extras to date 26064 00 Total AmounC with ExtraS 289729 00 Credits paid to date 130000 00 Total Amount Due as of 7/9/96 159729 00 l / f Spring Creek Land CO/Cedar Hills Ranch Mark Bean, Norm Clasen, and Bank of Colorado Vice President Jeff Johnson of 1201 Mountain Drive were present. Norm Claussen presented a request for a draw based on improvements made to the Cedar Hills Ranch Subdivision by Spring Creek Land Company for a total of $289,729 less the $57,000 being held by the Commissioers to be held in the Bank until the project has final approval. Norm explained the arrangement made with the Commissioners at the June 10, 1996 Board of County Commissioners meeting and stated this was a draw based upon improvements made consisting of the road which has been cut and water lines are in. Norm explained that Public Service will not do anything until the final plat has been approved and also require funds within a 24 hour notice of when they will connect service. Discussion: Norm stated he had advanced his own funds to have the raod built and the fire access readily available. He stated the new road is not visible from County Road 214. On June 10, 1996, the Commissioners had authorized the Chair to sign the final plat, however, Norm Clausen had failed to submit the plat for recording. This was the first and will be the last time the Commissioners approve of this procedure to withhold funds versus having a letter of credit at the bank. A motion was made by Commissioner Arbaney to authorize the Chair to sign a partial release of $232,729 which is $289,729 less the $57,000 or 10% being held until after the Subdivision Improvements Agreements has been recorded. The motion was seconded by Chairman Smith, who stepped down as Chair. Motion carried.