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HomeMy WebLinkAbout2.0 CorrespondenceBOUNDARIES UNI-IMITED INC. Givil & Gonsulting Engineers RECEIVH,tr) AUG 2 5 Zi.r'j August 21,2008 Fred Jarman Building & Planning Garfield Countv 108 8th st., st. 2ot Glen'*,ood Springs, CO 81601 GARFIELD COUN IY BUILDING & PLANNI!NG RE: Creek Side Estates Subdivision Infrastructure Improvements Dear Fred I previously prepared a Summary of Possible Cost and Work Remaining for the Creek Side Estates Subdivision which was used to establish collateral with the Applicant, Empty Enterprises. I believe to the best of my knowledge and numerous field visits during project construction, that the Applicant has completed the work as identified on the attached spreadsheet, in accordance with the intent of the plans and specifications and County regulations. Therefore, monies held in collateral may be returned to the Applicant. Thank you for your help throughout the subdivision process. Please feel free to contact me with any questions you may have. Sincerely, BOUNDARIES :l tr,J ON a 371 10 'a'. -, Deric J. Walter, PE Project Engineer a AtCC: Tom Heuer-Empty .c .aaw3 823 Blake Avenue Suite 102 Glenwood Springs Colorado 81601 Ph: 970.945.5252 Fax: 970.384.2833 Creek Side Esfafes SUMMARY OF POSSIBLE COST and WORK REMAINING BUI Project: CreeksideAugust 21,2008 ITEM Roadway Earthwork Chipseal B" Class 6 ABC under chipseal & shoulder ''12" Class 2 ABC under chipseal & shoulder Drainage and Storm Sewer includes trenching and fittings-- 12'A CPP (ADS N-12-WT) X 36" Arch Pipe Domestic Water ce includes trenching and fittings-- Chlorination House ' CL200 Waterline '1 " Water Service ac Valve Assembly 30,000 Gallon Water Tank C1200 PVC Fire Hydrant Line Fire Hydrant Assembly Frost Free Hydrant & Service Line ' PVC Sub Drains under Tank and Air Vac Shallow Utilities-Xcel & Qwesf Electric Transformer Electric Wire Power Pole Drop Trenching Miscellaneous Mobilization General Revegetation of Disturbed Areas Erosion and Sediment Control NPDES Permitting 10% Contingency Estimated Costs Percent Unit Cost Cost Completed Remaining CostQuantity 7600 c.Y 1720 S.Y 500 c.Y 740 C.Y 50 L.F 40 L.F $8.00 $9.00 $36.00 $33.00 $35.00 $100.00 $8,000.00 $26.00 $1,000.00 $3,000.00 $35,000.00 $3s.00 $3,500.00 $3,500.00 $10.00 $6,000.00 $6.00 $3,000.00 $6.00 $60,800.00 $15,480.00 $18,000.00 $24,420.00 $1,750.00 $4,000.00 $8,000.00 $28,340.00 $6,000.00 $3,000.00 $35,000.00 $6,300.00 $3,500.00 $3,500.00 $3,800.00 $24,000.00 $6,600.00 $3,000.00 $6,600.oo 100% 100% 100Yo 10Ao/o 100% 1000/ 100o/o 100o/o 1000/ 100Yo 100o/o 100o/o 11OYo laOo/o 100o/o 100% 100% lOOo/o 1000/, lOOo/o 100Yo 100% 100Yo $o $o $o $o 1 '1090 6 1 1 180 1 1 380 L.S. L.F. Each Each Each L.F. Each Each L.F. $o $o $o $o $o $o $o $o $o $o $o $o $o $0 $o $o $o $o $o 4 Each 1100 L.F. 1 Each 1100 L.F. ,1 L.S ,I L.S 1 L.S 1 L.S $10,000.00 $10,000.00 $2,000.00 $1,000.00 Subtotal TOTAL $10,000.00 $10,000.00 $2,000.00 $1,000.00 $285,090.00 $28,509.00 $313,599.00 $0.00 $0.00 $0.00 punchlist items / Page I of I David Pesnichak From: Jake Mall Sent: Tuesday, September 09, 2008 11:31 AM To: David Pesnichak Subject: RE: Creek Side Estates - Full TDA Release David There should be no bond for the Road & Bridge as 325 is a State Highway and we were no involved in the driveway access. The only bond would be for re-vege. Jake B. Mall Admin istrative Foreman Garfield County Road and Bridge Department 970-625-8601 Office 970-618-6194 Cell From: David Pesnichak Sent: Friday, September 05, 2008 10:24 AM To: Steve Anthony; Jake Mall Subject: Creek Side Estates - FullTDA Release Hi Jake and Steve, Please see the attached letter from Deric Walters regarding the full release of the Treasurer's Deposit Agreement for the final revegetation and road improvements at Creek Side Estates (Mark Sills - 6 lot subdivision on SH 325 near the golf course). I have requested a final signed copy of the TDA, but the draft version I have requires that the revegetation and road improvements be "approved" in writing by the Garfield County Road and Bridge Dept and Vegetation Management respectively. I am going to contact Deric Walters to inform him of this requirement, but I wanted to give both of you a heads up that this is coming your way. Following written approval by both of you I will be able to send the request for release to the BOCC. Best, Dave David Pesnichak Senior Planner - Long-Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: {pegnichak@garfield-county.coLn u [4,v.g afr e]{-_cpun&. com 91912008 December l7,2OO7 Mr. David Pesnichak Garfield County Planning 108 8th Sffeet, Suite 401 Glenwood Springs, CO 81601 RE: Review of Final Plat Submittal for Creekside Estates Dear David: A review has been performed of the Final Plat Submittal for Creekside Estates generated no comments. The application Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc Chris Hale, PE Gaffield CoanA SURVEYOR scoTT AIBNE& P.L.S To:David Pesnichak, Building and Planning Department From: Scott Aibner - Garfield County Surveyor Subject: Creek Side Estates - Plat Review Date:121t812007 Dear David, Upon review of the Creek Side Estates Plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. No Comments or Corrections needed. The surveyor may prepare the mylar for record pending further requirements from your office. Sincerely f Scott Aibner As Garfield County Surveyor cc Jeff Tuttle - Tuttle Surveying Services, Inc. 109 8 th Street ,Suite 201 . Glenwood Springs, C081601 , (970)945-1377 . Fox: (970)384-3460, e-mail:saibner@garfield-countycom tutr E \ x ,L r J to oo gsg 8=I3:<>om m--'ctlQCrti;i+ oo 4,E-6 mot- o I cii lrl A\ Y(4 DIuIl)IJo Eo3I ^ E9EJ90 Etr-;c-atE: -!i =I ; s (^ :.' ta H C] rLJ Fo uJ Io 1l tt oroo LN IJJ -J o F ul rl @ N(Jl o)o @No o oN @ N' N ;B ED :i€ $.\I G'at'field Cr>zttz Customer #: 969 tt/ark Sills Creek Side Estates Subdivision 111 Creased Drive Rifle, CO 81650 lnvoice Type: Planning Description : Jt/ iscellaneous Fees lnvoice Number Date Due Date 2008-00000003 0111612008 0211812008 Planning lnvoice $172.s0 $172.50 Mountain Cross Engineering, lnc, billing for review of the Creek Side Estates Final Plat Application. lnvoice #1333 dated 12/3112007 . Billing dates are 12l14lZOO7 & 12l17lZOOZ Make Checks Payable to: Garfield County Treasurer Garfield County Finance Department 108 8th Street Suite 201 Glenwood Springs, CO 81601 (970)945-7284 Total lnvoice: $172.50 PLEASE INGLUDE lNVolcE NUMBER oN REMTTTANCE: 2008-00000003 Planning "Payments Will Be Applied to Oldest Outstanding lnvoice,' 1 {}. cz r'/i e I el C rttt, tz lnvoice Number Date Due Date 2007-00000076 1212712007 0113112008 Customer #: 969 Mark Sills 111 Creased Drive Rifle, CO 81650 lnvoice Type: Planning Description : [V iscellaneous Fees Planning lnvoice $100.00 $200.00 lnvoice number 458 from River Valley Survey for review of the Final Plat for the Creek Side Estates Subdivision. (2 pages @ $100.00 each) Make Checks Payable to: Garf ield County Treasurer Garfield County Finance Department 108 8th Street Suite 201 Glenwood Springs, CO 81601 (970)945-7284 Total lnvoice: $200.00 PLEASE INCLUDE INVOICE NUMBER ON REMITTANCE: 2007-00000076 Planning "Payments Will Be Applied to Oldest Outstanding lnvoice" 2 Page 1 of3 David Pesnichak From: David Pesnichak Sent Tuesday, November20,2007 11:07AM To: 'Robert Noone'; Davis Fanar Gc: MichaelHoward SubJect Crcek Side Estates SIA Hi Bob, I reviewed the updated SIA this morning which you sent over yesterday afternoon. ln regards to #3 and #4 listed below, I did not intend that this be copied and pasted into the SIA since this form does not work well. The intention was for language similar to what is found in Section 3.d.: "Upon completion of the (earthwork, chip sea!...), a review shall be done by the Owner's Engineer and all documentation of the review shall be accompanied by the Owner's Engineer's seal. The Owner's Engineer's sealshallcertify that the (earthwork, chip seal...) has been constructed in accordance with the requirements of the SlA, including all Final Plat Documents and the Preliminary Plan Approval. Such review shall be for the purpose of verification of successful completion of the _ (earthwork, chip seal...) in accordance with the construction plans for the Subdivision submitted for Preliminary Plan Approval. lf Garfield County provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by corrective _ (earthwork, chip seal...)." 3. Section 3, C, ii: Upon completion of the earthwork, the review shall be done by the Applicant's engineer in a similar manner to Section 3, d. 4. Section 3, C, iii: Upon completion of the chip seal, the review shall be done by the Applicant's engineer in a similar manner to Section 3, d. Dave David Pesnichak Senior Planner - Long-Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesn ichak(@gaf,eld-coUnty.cpm u lu{Lgade Id -co u ntY. com From : Robert Noone [mailto : rm n @ noonelaw.com] Sent: Monday, November L9,2OO7 3:40 PM To: David Pesnichak; Davis Farrar Cc: MichaelHoward Subject: RE: Here you go, Dave. Let me know if you need anything else Thanks, L-* ttD0l2007 Page2 of3 Bob Robert M. Noone. Esq. THE NOONE LAW FIRM. P.C] 1001 Grand Avenue. Suite 207 P.O. Drawer 39 Glenwood Springs CO 81602 (e70) e4s-4s00 (ph) (970) 945-5570 (fax) CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED C]OMMUNICATION The information contained in this e-mail message is protected by the ATTORNEY CLIENT ANDiOR THE ATTORNEY WORK PRODUCT PzuVILEGES. It is intended only for the use of the individual named above, and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this email message or any other reader is not the named recipient. or the employee or agent responsible to deliver it to the named recipient. any use, dissemination. distribution or copying of this communication is strictly prohibited. If you have received this communication in effor. please immediately notify us by telephone, and permanently delete the message. Should you have any questions, please contact THE NOONE LAW FIRM at (970) 945-4500 irnrnediately. Thank you. From : David Pesn icha k [mai lto : d pesnicha k@garfi eld-cou nty.com] Sent: Thursday, November L5,2007 3:37 PM To: Davis Farrar Cc Robert Noone; Michael Howard Subject: HiDavis, Please find a marked copy of the most recent SIA attached. There are just a couple changes left which were not conected / updated from the last go-round: 5. Section 3, A of the SIA - "The TDA shall be valid for a minimum of two years following recording of the Final Plat or until vegetation has been euccessfully reeetabtished according to the rcclamation standards in the Garfield County Vegetation Management Plan." 6. Section 3, C, i: "...as such efforts may be instituted within the two years following recording of the Final Plat or until vegetation hae been successfully reestablished according to the reclamation standards in the Garfield County Vegetation iianagement Plan." 7. Section 3, C, ii: Upon completion of the earthwork, the review shall be done by the Applicant's engineer in a similar manner to Section 3, d. 8. Section 3, C, iii: Upon completion of the chip seal, the review shall be done by the Applicant's engineer in a similar manner to Section 3, d. Best, Dave David Pesnichak Senior Planner - Long-Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 1U2012007 Page 3 of3 Tel: (970) 945-8212 Fax (970)3&4-3470 Email : d Resnteha k@ ga rfi eld -eaun]ry. com wu ry4adie ld -ss!J nty-san 1y20t2007 CREEK SIDE ESTATES SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS CREEK SIDE ESTATES SUBDTVISION ("Subdivision") SUBDTVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this day of 200'7, by and between MARK SILLS ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting forthe County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS, Owner is the owner and developer of the Subdivision, which property is depicted on the Final Plat of Creek Side Estates Subdivision ("Final Plat" or "Final Plat of the Subdivision"); and WHEREAS, on July 9,2OO7,the BOCC, byResolution No. 2OO7-64,approved apreliminary plan for the Subdivision which, among other things, would create six (6) single-family residential lots ("Preliminary Plan Approval"); and WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC for as required by the laws of the State of Colorado, Owner wishes to enter into this SIA with the BOCC; and WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and S ubdiv isio n I mp rov e me nt s A g re e me nt Creek Side Estates Subdivision Page I of13 certificates of occupancy, all as more fully set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the BOCC and Owner ("parties") agree as follows: 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SlA, the Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision regulations and any other governmental or quasi-governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in accordance with this SIA and at the time prescribed herein. 2. AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be completed certain remaining work involving revegetation, earthwork, and chip sealing of road surfaces and has constructed and installed certain subdivision improvements previously inspected and approved by the County ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garfield County and"/or other governmental and quasi- governmental entities with jurisdiction. The Subdivision Improvements, except for the revegetation, earthwork, and chip sealing of road surfaces as more fully described on the Owner's construction plans on file with the County Building and Planning Department, have been completed in substantial compliance with the following: i. All documentation required to be submitted along with the Final Plat S ubdiv i s io n I mp rov eme nt s A g re e me nt Creek Side Estates Subdivision Page 2 of l3 under pertinent sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"). ii. All requirements of the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi- governmental authority(ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that all Subdivision Improvements have been constructed and installed in accordance with this paragraph 2 and all other requirements of this SlA, and that the Owner has satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision regulations, with respect to the installation of Subdivision Improvements, excepting revegetation, earthwork, and chip sealing of road surfaces as more fully described on the Owner's construction plans on fiie with the County Building and Planning Department. 3. SECURITY FOR EARTHWORK, CHIP SEALING OF ROAD SURFACES AND RBVEGETATION. a.Treasurer's Denosit A and Substitute Collateral.The revegetation, earthwork, and chip sealing of road surfaces within the Subdivision, as more fully described on the Owner's construction plans on file with the County Building and Planning Department, shall be secured by a Treasurer's Deposit Agreement between the Owner, the S ubdiv isio n I mp rov ement s A g re e me nt Creek Side Estates Subdivision Page 3 of 13 BOCC and the Garfield County Treasurer ("TDA") in the face amount of $26,422.00 and in the form attached hereto as Exhibit A. The TDA shall be valid for a minimum of two years following recording of the Final Plat or until vegetation has been successfully reestablished according to the reclamation standards in the Garfield CountyVegetation Management Plan. The BOCC, at its sole option may permit the Owner to substitute collateral other than a TDA, in a form acceptable to the BOCC, for the purpose of securing the completion of the revegetation, earthwork, and chip sealing of road surfaces. b. TDA General Provisions. The provisions of this SIA dealing with TDA requirements, extension of expiration dates, increase in face amounts, plat recording and plat vacating shall apply to the TDA. c. Review and N of Deficiencv i. Revegetation. Upon establishment of revegetation and reclamation, the Owner shall request review of the work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the pu{pose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2OO2- 94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580512, in Book 125I, at Page 566, as amended, and the revegetation/reclamation plan for the Subdivision submitted for Preliminary Plan Approval. If the Vegetation Management Department refuses approval andprovides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) byfurther revegetation and reclamation efforts, approved by the Vegetation Management S ubdiv is io n I mp rov e ment s A g re e me nt Creek Side Estates Subdivision Page4ofl3 Department, as such efforts as such efforts may be instituted within the two years following recording of the Final Plat or until vegetation has been successfully reestablished according to the reclamation standards in the Garfield County Vegetation Management Plan tJPo": C.e *^.le*.ro ?? lr-o- eo'c *L-. ro" ii. Earthwork.be *t lrCno {O ptn-ksthe- done tf)bhal cc.*'-12o71/- /o.u S Such review be for the purpose verification of SUCCESS ful completion of the earthwork in accordance with the construction plans for the Subdivision submitted for Preliminary 9q&\,O Plan Approval. If the Road and Bridge Department re$ggppggrelttdprovides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by corrective earthworkg a@R"idgaf\eparlment. iii. Chip Seal. Upon completion of the chip seal, the review shall be done by the Applicant's engineer in a similar manner to Section 3, d. Such review shall be for the purpose of verification of successful completion of the chip sealing in accordance with the construction plans for the Subdivision submitted for Preliminary Plan Approval. If the Road and Bridge Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by corrective chip sealing, approved by the Road and Bridge Department. d. Request for Partial Release of the TDA. Owner may request partial releases of the TDA, and shall do so by means of submission to the Building and Planning Department of a "Written Request for Partial Release of TDA", in the form attached to and incorporated herein by reference as Exhibit S ubdiv ision I mprov ements Ag re ement Creek Side Estates Subdivision Page 5 of 13 "B", accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certifythat the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amount of the TDA as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. e. BOCC's Completion of Revegetation. Earthwork. and Chip Sealing of Road Surfaces and Other Remedies. If any aspect of Owner's revegetation, earthwork, and/or chip sealing of road surfaces efforts are deemed by the BOCC to be unsuccessful or incomplete, in the sole opinion of the BOCC upon the recommendation of the responsible County Department, or if the BOCC determines that the Owner will not or cannot complete the required work, the BOCC, in its discretion, may withdraw and employ from the TDA such funds as may be necessary to carry out the revegetation, earthwork, and/or chip sealing of road surfaces, up to the face amount of the TDA allocable to such work. In lieu of orin addition to drawing on the TDA, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation, earthwork, and./or chip sealing of road S ub div i s ion I mp rov ement s A g re ement Creek Side Estates Subdivision Page6ofl3 surfaces. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the TDA or filing a civil action. 4. WATER SUPPLY AND WASTEWATER COLLECTION. As stated in paragraph 11, below, prior to issuance by the BOCC of any certificates of occupancy for any residences within the Subdivision, Owner shall install connect and make operable a water supply and distribution system for potable water and fire protection system in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system(s) shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision by bill of sale. 5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public as pubic rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. 6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of- way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Subdiv i s ion I mp rov ement s A gre eme nt Creek Side Estates Subdivision Page 7 of 13 Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right-of-Way Use Regulations, recorded as Reception No. 64347J,inBook 1548, at Page 918 and as amended. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 7 . INDBMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements, including revegetation/reclamation, and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notifiu and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 8. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the RE-2 School District, calculated in accordance with the S ub div is ion I mp rov e me nt s A g re ement Creek Side Estates Subdivision Page 8 of l3 Garfield County subdivision regulations and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as $200.00 per unit: The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, Twelve Hundred Dollars ($1,200.00) as a payment in lieu of dedication of land to the RE-2 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of $30-28-133, C.R.S., as amended, and the Garfield County subdivision regulations. The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE-2 School District. 9. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 10. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Rifle Fire Protection District ("District"), if the District has so required, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the Subdivision Improvements Agreement Creek Side Estates Subdivision Page9ofl3 District. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation/reclamation, and including off-site improvements, have been completed and are operational as required by this SIA. 11. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final PIat, or portions thereof, by resolution. 12. ENFORCEMENT. In addition to any rights provided by Colorado statute; the withholding of building permits and certificates of occupancy, provided for in paragraph 1 1, above; the provisions for release of security, detailed in paragraph 3, above; and the provisions for plat vacation, detailed in paragraph 12, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action S ubdiv i s ion I mp rov ement s A g re e me nt C re e k s ide r*,, ; i ;! !,i ii",1 against the BOCC. 13. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 14. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 15. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner:Mr. Mark Sills 898 Hwy. 133, Suire 303 Carbondale, CO 81623 (970) 989-0000 w/copy to: The Noone Law Firm, P.C. P.O. Drawer 39 Glenwood Springs, CO 81602 (910) 94s-4500 Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Dir. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 S ubdiv is io n I mp rov e me nt s A g re e me nt Creek Side Estates Subdivision Pagellof13 BOCC: Phone: (970)945-8212 Fax: (970) 384-3470 16. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA maybe modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including by way of example, an amendment to extend the Completion Date, substitute the form of security or approve a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment documents to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 15, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 17. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument 18. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. Subdivis ion I mp rovements Ag re ement C re ek S ide,. *, ; :;: !t; :;rr\ IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATTEST: BOARD OF COUNTY COMMISSIONERS oF GARFIELD COUNTY, COLORADO By: Clerk to the Board Chairman Date OWNER Mark Sills Date STATE OF COLORADO COUNTY OF GARFIELD ) Subscribed and sworn to before me by Mark Sills, Owner of the Subdivision, this _ day of 2007 WITNESS my hand and official seal S ub div ision I mp rov eme nt s A g re e me nt Creek Side Estates Subdivision Page l3 of 13 ) )ss. My commission expires: Notary Public Page 1 of 1 David Pesnichak From: David Pesnichak Sent: Thursday, November 15,2007 3:37 PM To: 'Davis Farrar' Cc: 'Robert Noone'; MichaelHoward Attachments: Corrected SIA 1 1 -1 5-2007 Review. pdf Hi Davis, Please find a marked copy of the most recent SIA attached. There are just a couple changes left which were not / updated from the last go-round on 3, A of the SIA - "The TDA shall be valid for a minimum of two years following recording of the Final Plat or until vegetation has been successfully reestablished according to the reclamation standards in the Garfield County Vegetation Management Plan." 2. Section 3, C, i: "...as such efforts may be instituted within the two years following recording of the Final Plat or untilvegetation has been successfully reestablished according to the reclamation standards in the Garfield County Vegetation Management Plan." 3. Section 3, C, ii: Upon completion of the earthwork, the review shall be done by the Applicant's engineer in a similar manner to Section 3, d. 4. Section 3, C, iii: Upon completion of the chip seal, the review shall be done by the Applicant's engineer in a similar manner to Section 3, d. Best, Dave David Pesnichak Senior Planner - Long-Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 E mai I : d pes-nisha k @ gadi ald :a_o''u nly. co m www.qarf ield:eO_unty.Cqm tu15t2007 t,/r-r/z ,i?eu7c/ Qoz?Cr>a: P, ,/ , V,{ CREEK SIDE ESTATES SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS CREEK SIDE ESTATES SUBDTVISION ("subdivision") SUBDIVISION IMPROVEMENTS AGREEMENT ("SlA") is made and entered into this day of 2007, by and between MARK SILLS ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting forthe Countyof Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS, Owner is the owner and developer of the Subdivision, which property is depicted on the Final Plat of Creek Side Estates Subdivision ("Final Plat" or "Final Plat of the Subdivision"); and WHEREAS,onJuly9,200T,theBOCC,byResolutionNo.200l-64,approvedapreliminary plan for the Subdivision which, among other things, would create six (6) single-family residential lots ("Preliminary Plan Approval"); and WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC for as required by the laws of the State of Colorado, Owner wishes to enter into this SIA with the BOCC; and WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy, all as more fully set forth below. S ubdiv is io n I mp rov ements A gre ement Creek Side Estates Subdivision Page I of13 NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the BOCC and Owner ("parties") agree as follows: 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision regulations and any other governmental or quasi-governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in accordance with this SIA and at the time prescribed herein. 2. AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be completed certain remaining work involving revegetation, earthwork, and chip sealing of road surfaces and has constructed and installed certain subdivision improvements previouslyinspected and approved by the County ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi- governmental entities with jurisdiction. The Subdivision Improvements, except for the revegetation, earthwork, and chip sealing of road surfaces as more fully described on the Owner's construction plans on file with the County Building and Planning Department, have been completed in substantial compliance with the following: i. All documentation required to be submitted along with the Final Plat S ubdiv is ion I mp rov eme nts A g re eme nt Creek Side Estates Subdivision Page 2 of 13 under pertinent sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"). ii. All requirements of the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi- governmental authority(ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that all Subdivision Improvements have been constructed and installed in accordance with this paragraph 2 and all other requirements of this SIA, and that the Owner has satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision regulations, with respect to the installation of Subdivision Improvements, excepting revegetation, earthwork, and chip sealing of road surfaces as more fully described on the Owner's construction plans on file with the County Building and Planning Department. 3. SECURITY FOR EARTHWORK, CHIP SEALING OF ROAD SURFACES AND REVEGETATION. a. Treasurer's Deposit Agreement and Substitute Collateral. The revegetation, earthwork, and chip sealing of road surfaces within the Subdivision, as more fully described on the Owner's construction plans on file with the County Building and Planning Department, shall be secured by a Treasurer's Deposit Agreement between the Owner, the S ub div is ion I mp rov ement s A g re ement Creek Side Estates Subdivision Page 3 of 13 BOCC and the Garfield County Treasurer ("TDA") in the face amountof 926,422.00 and in the form attached hereto as Exhibit A. The TDA shall be valid for a minimum of two (2) years following recording of the Final un{i I hars beert SrrCtlts r€ .3 t> qCcapf h e, *e_ ,e<(qn-rof*,.) S(.a/,/r'o(t r(4 Owner to substitute collateral other .r4artyfztrtf P(-n.t( purpose of securing the completion of the and chip sealing of road surfaces. b. TDA General Provisions. The provisions of this SIA dealing with TDA requirements, extension of expiration dates, increase in face amounts, plat recording and plat vacating shall apply to the TDA. c. Review and Notice of Deficienc)r. i. Revesetation. Upon establishment of revegetation and reclamation, the Owner shall request review of the work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the pu{pose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002- 94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, in Book 125L, at Page 566, as amended, and the revegetation/reclamation plan for the Subdivision submitted for Preliminary Plan Approval. ffthe Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) byfurther revegetation and reclamation efforts, approved by the Vegetation Management Department, as such efforts may be instituted within the two (2) years following S ub div is ion I mp rov e ment s A g re e me nt Creek Side Estates Subdivision Page 4 of l3 recording of the Final ll Earthwork.Upon completion of the earthwork, the Owner shall._.- d p""; ay',W request review of the work by the Road and Bridge Department, by telephone or in ting. Such review shall be for the purpose of verification of successful completion of the earthwork in accordance with the construction plans for the Rs /e^) & be alortO ,'on{bq ,Nc<j 4ff1 /n erl 5,t-t i k rr1' Subdivision submitted for Preliminary Plan Approval. If the Road and Bridge . Department refuses approval and provides written notice of deficiency(ies), the d/l afi/ Owner shall cure such deficiency(ies) by corrective earthwork, approved by the Road w (a't 'and Bridge Department. lll.Chip Seal. Upon completion of the chip sealing of the road surfaces, the Owner shall request review of the work by the Road and Bridge Department, by telephone or in writing. Such review shall be for the purpose of verification of successful completion of the chip sealing in accordance with the construction plans for the Subdivision submitted for Preliminary Plan Approval. If the Road and Bridge Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by corrective chip sealing, approved by the Road and Bridge Department. d. Request for Partial Release of the TDA. Owner may request partial releases of the TDA, and shall do so by means of submission to the Building and Planning Department of a "Written Request for Partial Release of TDA", in the form attached to and incorporated herein by reference as Exhibit "B", accompanied by the Owner's Engineer's stamped certificate of partial completion of S ubdivision I mp rov eme nts A g re ement Creek Side Estates Subdivision Page 5 of 13 tu (^) Q-t tt(J 7c'41 ' improvements. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amount of the TDA as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. e. BOCC's Completion of Revesetation, Earthwork, and Chip Sealing of Road Surfaces and Other Remedies. If any aspect of Owner's revegetation, earthwork, and/or chip sealing of road surfaces efforts are deemed by the BOCC to be unsuccessful or incomplete, in the sole opinion of the BOCC upon the recommendation of the responsible County Department, or if the BOCC determines that the Owner will not or cannot complete the required work, the BOCC, in its discretion, may withdraw and employ from the TDA such funds as may be necessary to carry out the revegetation, earthwork, and"/or chip sealing of road surfaces, up to the face amount of the TDA allocable to such work. In lieu of or in addition to drawing on the TDA, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation, earthwork, and/or chip sealing of road surfaces. The BOCC shall provide the Owner a reasonable time to cure any identified Sub div is ion I mp rov e me nts A g re e ment Creek Side Estates Subdivision Page 6 of 13 deficiency prior to requesting payment from the TDA or filing a civil action. 4. WATER SUPPLY AND WASTEWATER COLLECTION. As stated in paragraph 11, below, prior to issuance by the BOCC of any certificates of occupancy for any residences within the Subdivision, Owner shall install connect and make operable a water supply and distribution system for potable water and fire protection system in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system(s) shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision by bill of sale. 5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public as pubic rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. 6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of- way for instailation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and S ubdiv ision I mp rov eme nts A gre e ment Creek Side Estates Subdivision PageTofl3 Right-of-Way Use Regulations, recorded as Reception No. 643477,in Book 1548, at Page 918 and as amended. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. ln the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 7 . INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements, including revegetation/reclamation, and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuantto this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notif,i and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 8. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the RE-2 School District, calculated in accordance with the Garfield County subdivision regulations and the requirements of state law. The Owner and the Subdivis ion Imp rovements A g re ement Creek Side Estates Subdivision Page 8 of 13 BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as $200.00 per unit: The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, Twelve Hundred Dollars ($ 1,200.00) as a payment in lieu of dedication of land to the RE-2 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of $30-28-133, C.R.S., as amended, and the Garfield County subdivision regulations. The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE-2 School District. 9. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 10. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Rifle Fire Protection District ("District"), if the District has so required, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. No certificates of occupancy shall issue for any habitable building or structure, including S ub div i s io n I mp rov eme nt s A g re e me nt Creek Side Estates Subdivision Page 9 of 13 residences, within the Subdivision until all Subdivision Improvements, except revegetation/reclamation, and including off-site improvements, have been completed and are operational as required by this SIA. 11. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 12. ENFORCEMENT. In addition to any rights provided by Colorado statute; the withholding of building permits and certificates of occupancy, provided for in paragraph 11, above; the provisions for release ofsecurity, detailed in paragraph 3, above; and the provisions for plat vacation, detailed in paragraph 12, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. S ubdivi s ion I mp rov eme nt s A g re e ment Creek Side Estates Subdivision Page 10 of l3 13. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 14. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 15. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted deliveryif deliveryis refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner:Mr. Mark Sills 898 Hwy. 133, Suite 303 Carbondale, CO 81623 (e70) 989-0000 w/copy to: The Noone Law Firm, P.C. P.O. Drawer 39 Glenwood Springs, CO 81602 (9to) 94s-4soo BOCC: Board of County Commrssroners of Garfield County, Colorado c/o Building & Planning Dir. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970)945-8212 Fax: (970) 384-3470 S ub div is io n I mp rov ement s A g re ement Creek Side Estates Subdivision Page ll of13 16. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA maybe modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including by way of example, an amendment to extend the Completion Date, substitute the form of security or approve a change in the identity ofthe security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment documents to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 15, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting 17. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 18. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. Subdivision Improv ements A g re e ment Creek Side Estates Subdivision Page 12 of l3 IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATTEST: BOARD OF COUNTY COMMISSIONERS oF GARFIELD COUNTY, COLORADO By: Clerk to the Board Chairman Date OWNER Mark Sills Date: STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by Mark Sills, Owner of the Subdivision, this _ day of 2007 WITNESS my hand and official seal. S ubdiv is io n I mp rov ement s A g re e me nt Cre ek S ide, *r, ; : ;:ii :;11 My commission expires Notary Public ? DECLARATION OF PROTECTIVE COVENANTS FOR CREEK SIDE ESTATES SUBDIVISION This Declaration of Protective Covenants for Creek Side Estates Subdivision is made and entered this _ day of September 2001. STATEMENT OF PURPOSB AND IMPOSITION OF COVENANTS This Declaration of Protective Covenants (the "Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as the Creek Side Estates Subdivision (the "Subdivision") consisting of six (6) lots (the "Lots") as defined and described in the Final Plat (the "Plat") recorded as Reception No.ln the Office of the Clerk and Recorder of Garfield County, Colorado. Mark Sills (the "Declarant"), desires to create a Common Interest Community to be know as Creek Side Estates Homeowners Association, a Colorado non-profit colporation (the "Association") to which certain property such as water rights, easements and rights-of-way and the domestic water system appurtenant to the Subdivision (the "Community Property") will be conveyed. It is the purpose of this Declaration to create specific rights and privileges, rules and a decision making process to preserve, protect and enhance the Lots and maintain the Community Property for the benefit of the Lot Owners. Declarant hereby submits the Creek Side Estate Homeowners Association to the provisions of the Colorado Common Interest Ownership Act, C.R.S. $$ 38- 33.3-101, et seq., as amended from time to times (the "Act"). 1. DEFINITIONS. As used in these Protective Covenants, the following words, terms and letter designations shall have the following meanings: 1.1 "Subdivision," shall mean the Creek Side Estates. 1.2 "Association" shall mean Creek Side Estates Homeowners Association. r.3 "Lot" shall mean any lot shown on the Plat which may be conveyed in conformance with the laws of the State of Colorado. For purposes of conforming the terms and provisions of this Declaration to the terms and conditions of the Act, the term "Lot" shall be analogous to the term "I-Jnit" as that term is defined in the Act. 1.4 "Owner" shall mean the owner of a Lot shown on the Plat. For purposes of conforming the terms and provisions of this Declarant to the terms and conditions of the Act, the term "Owner" shall be analogous to the term "Unit Owner" as that term is defined in the Act. D e c laration of P rot e c tiv e C ov enant s Creek Side Estates Subdivision Gaffield County, Colorado Page I of2l 1.5 "Design Guidelines" shall mean the rules and regulations adopted by the Association in conformance with and pursuant this Declaration to maintain the quality and architectural harmony of the Lots. r.6 "ACC" shall mean the Architectural Control Committee for Creek Side Estates. t.7 "Improvements" shall mean all buildings, parking areas, fences, walls, hedges, plants, poles, towers, antennae, driveways, signs; changes in any exterior color of sarne, excavation and all other site work, including, without limitation, grading, roads, utility improvements, and removal of trees or plants. "Improvements" do include both original improvements and all later changes and improvements. "lmprovements" do not include turf, shrub or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. 1.8 "Common Expense Assessments" shall mean all expense liabilities associated with the upkeep and maintenance of the Community Property. 2. CREEK SIDE ESTATES HOMEOWNERS ASSOCIATION 2.r Each Owner shall automatically become a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. No Lot Owner, whether one or more persons, shall have more than one membership per Lot owned, but all of the persons owning each Lot shall be entitled to rights of membership and use and enjoyment appurtenant to such ownership. 2.2 The purposes and powers of the Association are as set forth in its Articles of Incorporation and Bylaws and include, but are not necessarily limited to, the management, control and maintenance of all common areas and any corrmon irrigation system within the Creek Side Estates. 3. SINGLE FAMILY RESIDENTIAL USE ONLY. The property in Creek Side Estates is intended to be developed for single family residential purposes only with all structures designed to blend into and complement the natural surroundings. 3.1 No more than one (l) detached single family dwelling and one (1) attached garage for not more than four (4) automobiles shall be erected on each lot. No Accessory Dwelling Units are permitted within the Subdivision. D e c larat ion of P ro te ctiv e C ov enant s Creek Side Estates Subdivision Garfield County, Co Lo rado Page 2 of2l 3.2 3.3 No building or structure intended for or adapted to business, commercial or manufacturing purposes, nor any multiple family dwellings, shall be erected, placed, maintained or permitted upon any Lot, except that Owners may rent or lease their dwelling for residential purposes when not required for the Owners' use. All structures shall be sited within the designated building envelope on each Lot by the ACC. Unless varied by the provisions of paragraph 15.4 herein, no structure on any Lot shall be constructed closer than twenty-five (25) feet to any side lot line or closer than fifty (50) feet from any front lot line. In siting a structure, the ACC shall approve its location as near to the spot selected by the Owner as shall not impede or restrict the view plane of other Owners and otherwise meet the criteria set forth in paragraph 15.2 herein. The location of storm drainage easements, including those along all property lines within the Subdivision are as depicted on the Plat No structure shall be placed or located on any Lot in such a manner that will obstruct, divert or otherwise alter any drainage easement or natural or artificial water drainage courses and patterns. Likewise no landscaping or changes to the existing terrain shall be made which shall obstruct, divert or otherwise alter such drainage. The minimum size of each structure erected shall be not less than twenty- two hundred (2,200) square feet measured on the outside foundation walls, exclusive ofopen porches, garages, carports or barns. No towers or exterior radio, television and/or communications antennae shall be permitted without prior written consent of the Association. Dish receivers in excess of eighteen inches (18") in diameter shall be screened from view. No building shall be erected by means of other than new construction, it being the purpose of this covenant to insure that old buildings will not be moved from previous locations and placed upon a Lot without the prior written approval of the ACC. All structures shall be constructed of either brick, stone, lumber or a combination thereof. The use of cinder block shall not be allowed unless it D e c larat ion of P ro t e ctiv e C ov enant s Creek Side Estates Subdivision G arfie ld C o unty, C o lo rado Page 3 of21 3.4 3.5 3.6 3.7 3.8 is faced with another material herein approved. All roofs shall be finished with approved shingles and no single roof line shall exceed fifty (50) feet in length. The most current version of the Colorado State Forest Service Wildfire Prevention guidelines shall be incorporated into residential site planning and design. No structure shall be placed or erected upon any Lot which is, ever has been or could be made the subject of a specific ownership tax as now defined in Title 42 of the Colorado Revised Statutes. 3.10 No structure of a temporary character, trailer, basement, tent, shack, gara5e, barn or any other outbuildings of any description shall be used on any Lot, except on a temporary basis not exceeding six (6) months by the construction company constructing a dwelling on a Lot. 3.11 Each structure shall be completed and the Owner shall submit to the Association a copy of the Certificate of Occupancy issued by the Garfield county Building and Planning Department within one (1) year from date of commencement of construction. 4. RESUBDTVISION PROHIBITED. The resubdivision of any Lot is prohibited. 5. EXISTING FOLIAGE. The existing foliage and vegetation on each Lot shall be preserved in as near a natural state as possible, taking into consideration the Colorado State Forest Service Wildfire Prevention guidelines. 6. UTILITY LINES. No new gas lines, light and power lines, telephone lines or television cable shall be permitted unless said lines are buried underground and out of sight from their primary source at the lot line to the dwelling and at the Owner's expense. The ACC may, however, in its discretion allow overhead light, power, telephone and television lines and cables if the same would not detract from the view of other Owners and the cost of placing the same underground would be great. 7. SEWAGE DISPOSAL. Each residence shall contain at least one (1) fully equipped bathroom, and all sewage shall be disposed of by means of an individual sewage disposal systems ("ISDS") which shall be constructed in accordance with the conclusions and recommendations contained in the September lt,2OO7 report prepared by Boundaries Unlimited Inc., attached hereto as Exhibit A, and which shall be approved by the Colorado State Health Department and local health agencies having jurisdiction thereof. Owners shall maintain such treatment facilities in good operating condition. D e c laration of P rot e ct iv e C ov enant s Creek Side Estates Subdivision G afi e ld C o unty, C o lo rado Page 4 of 21 3.9 7.1 Each system shall be designed by a professional engineer registered in the State of Colorado, pursuant to C.R.S. * 12-25-111 and its location on Lots 2-6 shall be set back no less than fifty (50) feet from the bank of Rifle Creek; 1.2 Each system design shall adequately address the soil percolation conditions present at the Lot site, which percolation rates shall be verified through appropriate on-site testing; 7.3 Each system shall be designed to adequately service a least four (4) bedrooms; 7.4 Each system design, through the incorporation of recirculating trickling filter, sequencing batch reactors and"/or other accepted on-site wastewater treatment system technologies, shall be capable of producing effluent quality which meets or exceeds the requirement of the United States Environmental Protection Agency for secondary wastewater treatment. (30mg/L BOD and 30 mg/L suspended solids); 7.5 All absorption fields shall be sized to adequately service four (4) bedrooms. Trench segments with at least six (6) feet of separation shall be used whenever practically feasible. A minimum of three (3) similarly sized trench segments should be installed with alternating values or a distribution box that allows isolation of each segment. Monitoring pipes shall be installed at the far end of each trench segment to allow inspection of field condition. If a bed must be utilized, single dosed zones shall be acceptable. If mounding is required to establish four (4) feet of suitable soil, a single pressure dosed shall be acceptable. It a bed or mount is used, a minimum of two (2) monitoring pipes shall be installed at the far end of the bed and mound. 7.6 Following ISDS installation, each Owner shall provide the Association with as-built drawings depicting, in relation to the other lmprovements on the Lot, the location and dimensions of the ISDS facilities, including the absorption field and monitoring pipes, all applicable design, operation and maintenance specification of the system's manufacturer and written certification from the design engineer that the ISDS was installed in conformance with the requirements above stated and all applicable designs specifications of the manufacturer. 7.7 In the event the Association fails to properly implement and enforce the design and performance standards set forth herein, the Board of County Commissioners for Garfield County, Colorado, and its duly authorized representatives and agents, shall Declaration of Protective Covenants Creek Side Estates Subdivision G arfie ld C o unty, Co lo rado Page 5 of2l \ have all the right to enter upon the Lots and implement and enforce such standards at the expense of the Association or exercise any other right or power afforded under this Declaration or the Act, including, but not limited to, the initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the same. 7.8 ISDS Manaeement Plan: In order to ensure that each ISDS installed within the [,ots is inspected on a regular basis and properly maintained, the responsibility and authority for such inspection and maintenance shall be vested exclusively within the Association. This management plan is not intended to provide for common ownership for the ISDS's or to provide common funding for the construction, repair and maintenance thereof, such ownership and responsibility for construction, repair and maintenance to remain with the Owner. B. In accordance with the above, the Association shall (1) retain at all times, the services of qualified personnel to inspect the ISDS's and to perform all maintenance and repairs necessary to ensure that same are installed properly, remain in good operating condition and comply with the performance requirements set forth herein; (2) inspect the operating components of each ISDS within thirty (30) days of being placed in operation; thereafter, each ISDS shall be inspected at least once every two (2) years and the tank shall be pumped at least once every four (4) years; and (3) maintain at all times written or other permanent records documenting the date each ISDS was inspected or tested, the results of such inspections or tests and the extent of all maintenance and/or repairs performed. A1l documents maintained by the Association pursuant to this provision shall at all times be available for inspection by the Owners and/or authorized representatives of the Garfield County Department of Building and Planning. D ec laration of P ro te ctiv e C ov enant s Creek Side Estates Subdivision G arfi e A C o unty, C o lo rado Page 6 of 21 A. C. D The following provision shall apply in the event the estimated maintenance or repair costs required of any ISDS exceed $1,000.00 in total during any one calendar year: (1) the Association shall give the Owner written notice of the nature and extent of the work necessary, to return the ISDS to good operating condition and./or bring the ISDS within the performance requirements set forth herein; and (2) within thirty (30) days of receipt of such notice Owner shall, at his or her own expense, cause to be completed the repairs set forth within the notice. In the event Owner fails to complete such repairs within this time period to the satisfaction of the Association, the Association shall have the authority, in addition to any other remedy provided within this Declaration or the Act, to take any of the following actions: (i) to impose against Owner, a fine not to exceed $200.00 for each day in which the ISDS remains unrepaired; and/or (ii) to discontinue domestic water service to Owner's Lot; and/or (iii) to complete on behalf of the Owner the required repairs to the ISDS. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Lot, upon demand. A11 unreimbursed costs shall be a lien upon the Lot until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid assessment levied in accordance with the covenants for assessments set forth in this Declaration. In the event the Association fails to properly implement and enforce the provisions of this management plan set forth herein, the Board of County Commissioners for Garfield County, Colorado, and its duly authorized representatives and agents, shall have all the right to enter upon the Lots and implement and enforce such provisions at the expense of the Association or exercise any D e c larat ion of P rot e ctiv e C ov e nant s Creek Side Estates Subdivision Garfi e ld C o unty, C o lo ra.do Page 7 of2l other right or power afforded under this Declaration or the Act including, but not limited to, the initiation of the appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the provisions of this management plan. The provision set forth in section 7 herein shall not be amended or repealed by the Declarant, Association or Owners without written consent of the Board of County Commissioners for Garfield County, Colorado. E. 8. ANIMALS 8.1 8.2 8.3 8.4 A maximum of one (1) dog is permitted per Lot. The ACC may require any Owner to remove any animal if, in the opinion of the ACC, lands are overgrazed or the animal constitutes an annoyance to the Owners of neighboring tracts. All animals, including dogs and cats, must be kept within the boundary of the Lot and under the control of the Owner. Lots must be kept clean, sanitary and reasonably free from refuse, insects and waste at all times. All animals must be so maintained that they do not become a nuisance to the neighborhood and do not run at large, endanger or harass other animals, including wildlife, upon neighboring lands and public domain. 9. MAINTENANCE OF PROPERTY. 9.r The Owner of each Lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such maintenance as may be required for this purpose. 9.2 No noxious or offensive conduct or activity shall be carried on upon any Lot or in any structure thereon which may constitute a health hazard, odor, noise disturbance, nuisance or annoyance to the neighborhood so as to unreasonably interfere with or disturb the use, enjoyment and access to any other occupant of the Lots. D e c laration of P rot e c t iv e C ov e nant s Creek Side Estates Subdivision Gafield County, Colorado Page 8 of 2l 9.3 9.4 9.5 9.6 9.7 Clotheslines, equipment, garbage cans, service yards, woodpiles or storage areas shall be adequately screened by planting or construction to conceal the same from view of neighboring lots and streets. The outside burning of any trash, rubbish or other materials shall be absolutely prohibited. Standard and approved barbecues and fireplaces shall be allowed for the preparation of foodstuffs only. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown, dumped or allowed to accumulate on the Lots. Each Owner shall provide suitable receptacles for the temporary storage and collection of refuse. All such receptacles shall be screened from the public view and protected from wind, animals and other disturbances. The surface of all Lots shall be maintained in a condition which will minimize the risk of soil erosion and weed infestation. All excavations, fills and other construction which disturb the existing vegetation shall be revegetated with weed free seed and mulch. Any disturbed area on the Lot shall be fully restored by the Owner. Each Owner shall implement a weed management program within the area of his or her Lot. Assistance may be obtained from sources identified in section E. below. The Association shall implement and follow a program of noxious weed control which may address the control and elimination of Canadian Thistle and other plant species included on the Garfield County Noxious Weed List. In general, the weed management plan should consist of the following components: A.Prevention and Control. The quick revegetation of disturbed areas with weed free grass seed and the maintenance of native or introduced vegetation in the healthy, vigorous condition producing optimum vegetative densities will leave noxious seed little opportunity to establish. The use of hay that is certified if also recommended. Inventorlz. Each Lot should be inspected to identify any infestations of noxious weeds. An accurate record should be kept of the application and success of weed eradication efforts. D ec larat ion of P rote ctiv e C ov enants Creek Side Estates Subdivision G arfi e ld C o unQ, C o lo rado Page 9 of 21 B C.Eradication. Elimination of noxious weeds can be achieved through: (i) Mechanical controls which physically remove the entire weed plant or eliminate the plant's ability to produce seed. (ii) Biological controls which rely on organisms (insect or plant pathogens) to interfere with weed growth. (iii) Chemical controls which use herbicides to eliminate weeds. Special care must be used with herbicides to avoid damage to desirable plant species and to avoid contamination of ground water. D In the event the Owner fails to effectively control noxious weeds on his or her own Lot, the Association shall have the right to enter upon any Lot and conduct a weed control program within the area of such Lot at the cost of the Owner. E.An effective weed management program may involve all three methods of eradication set forth in section C. above, as well as long term commitment to prevention and control. Assistance in the development and implementation of a week management program is available through the Colorado State University Cooperate Extension Service and from the Garfield County Office of Vegetation Management. 9.8 All improvement constructed on the Lots shall be properly maintained and free of defects. Owners shall remedy all physical defects and repairs openly noticeable within a reasonable time once the same becomes apparent to the Owner or upon written notice given by the Association. 9.9 Pond Maintenance. The 15,000 gallon pond within the Subdivision shall be maintained periodically by the Association to retain the width, depth and water ,flow of the pond as originally designed and constructed and shown on the engineered drawings. Pond maintenance shall consist of dredging excess sediments, removal of accumulated debris/foreign materials and weed eradication (in conformance with Section 9.7). D e c laratio n of P rote c tiv e C ov e nant s Creek Side Estates Subdivision Gaffield CounQ, Colorado Page l0 of2l 10. VEHICLES. 10.1 All motor vehicles must be currently licensed and operational. 10.2 No vehicles, boats, campers, trailers, snowmobiles or other such recreational vehicles or devices shall be stored or permitted to remain for more than three (3) continuous days on any Lot unless the same are stored from view in a garage or screened from view. 10.3 No business vehicles shall be permitted which do not completely enclose within the vehicle all machinery, equipment and other evidence of the trade, craft or business other than the signs affixed to the vehicles advertising the same. 11. SIGNS. No billboards, signs or other advertising devices of any nature shall be erected, placed, maintained or permitted, provided that this restriction shall not be construed to prevent appropriate name and address signs and signs that advertise property for sale or rent insofar as it is necessary to promote the sale and development of such properties. 12. EASEMENTS. Easements and rights-of-way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipe, conduits, apparatus for the transmission of electrical current, telephone, television and radio lines and for the furnishing of water, gas and sewer service or for the furnishing of other utilities and irrigation ditches and laterals, together with the right to enter for the purpose of installing, maintaining and improving the same along, across, upon and through a strip of land twenty (20) feet in width along all interior lot lines of all Lots and twenty (20) feet in width along all outside boundary lines of the Creek Side Estates. 13. ROADWAYS. All roadways in the Creek Side Estates shall be private. Such roadways shall be subject to an easement and right-of-way for ingress and egress for the installation and maintenance of utilities as provided in paragraph 14 above. The cost of maintenance and snow removal shall be funded by fees collected as assessments by the Association as provided in the Bylaws thereof. 14. WATER. All water rights decreed by the Division 5 Water Court in Case Nos. 81CW56 and 04CW99 for in-house domestic use,lawn and garden irrigation, stockwatering, fire protection, fish culture, and augmentation purposes shall be owned, maintained, and operated by the Association. Specifically: D e c larat ion of P rot e ctiv e C ov e nant s Creek Side Estates Subdivision G arfield Co unty, C o lo rado Page 11 of21 I4.l Domestic. The Sills Well No. 1 shall supply in-house domestic water for each Lot. All water shall be metered by water meters approved by the Association. 14.2 Irrisation. The Sills Well No. 1 shall supply water for lawn and garden irrigation of up to 485 square feet per Lot. Additional irrigation water rights owned by the Association may be used for additional irrigation within the Subdivision in accordance with the landscape requirements set forth in paragraph 15.3.8, below. The amount of water allocated to each owner, his extent and time of use, and all other matters pertaining to irrigation water shall be as from time to time established by the Association. 14.3 Fire Protection. No less than 35,000 gallons decreed to the Sills Pond No. 1 for fire protection purposes shall be stored in a fire protection tank located within the Subdivision, which tank shall be constructed and maintained by the Association for fire protection purposes in accordance with all requirements set forth by the Rifle Fire Protection District. The Sills Pond No. 1 is a natural wetlands area having as its source of water fed by precipitation run-off and irrigation return flows and sustaining no continuous storage of water. 14.4 Wetlands. All wetlands within the Subdivision shall be managed by the Association in accordance with the "Wetland Restoration Plan" prepared by Beach Environmental and dated September 10, 2003, attached hereto as Exhibit B. 15. ACC-DESIGNGUIDELINES 15.1 As of the date of this Declaration, the initial Design Guidelines shall consist of the following: A.Any home constructed on a Lot shall consist of no less than twenty-two hundred (2,200) square feet of livable space inclusive of unfinished basement area, but exclusive of any attached Earage, porch, or deck. 15.2 The ACC may adopt additional Design Guidelines, from time to time. The Design Guidelines shall not be inconsistent with this Declaration, but shall more specifically define and describe the design standards for the Subdivision. The ACC may also establish reasonable criteria, including, without limitation, requirements relating to design, scale and color, as the Association may deem appropriate in the interest of preserving the aesthetic standards of the Subdivision. 15.3 No improvements of any kind, including, but not limited to, dwelling houses, garages, fences, swimming pools, tennis courts, parking areas, drives, antennas, D e c laration of P rote ctiv e C ov enant s Creek Side Estates Subdivision Garfield County, Colorado Page l2 of2l flagpoles, walks and every other type of improvement shall ever be constructed or altered on any lands within Creek Side Estates, including the common areas, nor may any vegetation be altered or destroyed, nor any landscaping performed on any Lot unless three (3) complete sets of architectural plans and specifications for such construction, alteration or landscaping are submitted to the ACC and approved in writing prior to the conlmencement of such work. All decisions of the ACC shall be in writing. One (1) set of such plans and specifications shall remain on file and become a permanent record of the ACC. In the event the ACC fails to take any action within fifteen (15) days after complete architectural plans and specifications for such work have been submitted to it, then all of such architectural plans shall be deemed to be approved. The architectural plans and specifications shall include (subject to such additional information as the ACC may require) the following: A.S,nilc qnri Fnrrnrlofinn Pcnnrt and (lnoAinn and T\rainono Dlon Prior to the issuance of a building permit by Garfield County, a Lot Owner shall cause to be prepared and submit to Garfield County and the ACC a soils and foundation report, an independent sewage disposal system design, and a grading and drainage plan prepared by a professional engineer. All improvements and structures shall be constructed in accordance with the recommendations and conditions of such report and plan, including the September 30, 2002 rcport prepared by Hepworth-Pawlack Geotechnical, Inc., attached hereto as Exhibit C, which are included by Garfield County as conditions of the building permit or are made requirements or conditions of the approval of the ACC. Materials and Landscapins. In its review of any proposed development activity, the ACC shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural setting and native trees and other vegetation within Creek Side Estates. The ACC shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage and decreased water consumption; provided, however, all "front yard" areas adjacent to Creek Side Drive shall be seeded with grass and inigated in order to establish and maintain such vegetation. Additionally, landscaping within the "front yard" area of each Lot shall include no fewer than two (2) evergreen and three (3) deciduous trees having trunks no smaller than one and one-half D e c laratio n of P ro tectiv e C ov e nant s Creek Side Estates Subdivision G arfi e ld C o unty, C o lo rado Page 1j of2l B (lVz) inches in diameter C. Site Location. The ACC shall exercise its judgment to preserve to the greatest extent possible the natural characteristics of each lot and all natural vegetation, including trees and bushes and the natural setting of each building site. The ACC must approve the location of all structures and improvements to be located on each lot (except as provided above in Article fV.3). D Fencine and Hedses. The ACC must approve placement and materials for all fencing or hedges prior to installation. No fencing shall be permitted on the front third of any Lot. Barbed wire and chain link fencing shall be prohibited. Only wooden and metal fencing shall be permitted within Creek Side Estates, with limited exceptions pertaining specifically to the protection of gardens from wildlife damage, kennels, or other elements where a wooden or metal fence would not serve the purpose desired, whether it is to keep animals in an enclosed area or to keep wildlife out of an enclosed area. The type and location of all fencing must be approved by the ACC. One basis for consideration by the ACC of fencing will be how it affects wildlife. Fencing shall not exceed forty-two (42) inches in height, shall not have more than three (3) horizontal poles, and the bottom pole shall be at least eighteen (18) inches off the ground. Wildfire. The ACC shall follow the recommendations of the most current version of the Colorado State Forester wildfire prevention guidelines, currently specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface prepared by the Colorado State Forest Service (CSFS #143-69I), wherever practical, in granting approvals for construction of residences and other structures submitted to it for approval. The ACC shall, wherever practical, incorporate the guidelines set forth in that pamphlet into the plans approved for lots in Creek Side Estates to protect Creek Side Estates, and all of the buildings constructed therein, from the danger of wildfire. The ACC will consider the guidelines in the most current wildfire publication by the Colorado State Forest Service. Fire resistant roofs will be required. Siding of all structures shall be constructed of fire retardant materials or materials "treated" to be fire retardant. D e c laration of P ro t e ct iv e C ov e nants Creek Side Estates Subdivision G afie ld C o unty, Co lo rado Page 14 of21 E Liehtine. The ACC shall consider exterior lighting plans and will require that all exterior lighting (with possible exceptions for lighting necessary for safety) be directed towards the Owner's property and consist solely of partial or full cut-Off downcast lighting fixtures. It will also require that all Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owner's property. The intent behind these considerations is to preserve the rural character of Creek Side Estates by limiting exterior lighting as much as possible while maintaining a safe atmosphere. G Fireplaces. Only solid-fuel burning stoves as defined by C.R.S. $$ 25-7-401, et seq., and the regulations promulgated thereunder, or natural gas/propane burning stoves and appliances will be allowed in any new dwelling unit to be constructed within the Creek Side Estates. I5.4 The ACC shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the land within Creek Side Estates conform to and harmonize with the natural surroundings and with existing structures as to external design, materials, color, setting, height, topography, grade and finished ground elevation. The ACC shall protect the seclusion of each home site from other home sites as much as possible. 15.5 Architectural plans and specifications submitted under paragraph 15.3 herein shall show the nature, kind, shape, height, materials, floor plan, location, exterior color scheme, alterations, grading and all other matters necessary for the ACC to properly consider and make a determination thereon. The ACC shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by these covenants. 15.6 The ACC may grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions. D e c laration of P rote c tiv e C ov enant s Creek Side Estates Subdivision Garfi e ld C ounQ, C o lo rado Page l5 of21 F 15.7 The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any Owner by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such architectural plans. 15.8 Buildine Permits. An Owner may apply for a building permit from the Garfield County Building and Planning Department at any time; provided, however, the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the ACC. If the plans approved by the Building Department differ in any substantial way as determined by the ACC, then all approvals of the ACC shall be deemed automatically revoked. 15.9 Authority to Promulgate Rules and Resulations. The ACC may promulgate and adopt rules and regulations necessary to implement these Covenants. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, modifications to buildings, and the like. 15.10 County Approvals Required. Compliance with the ACC rules and regulations is not a substitute for compliance with Garfield County land use regulations, and each Owner is responsible for obtaining all approvals as may be required by Garfield County prior to commencing construction. 15.11 Removal of Nonconforming Improvements. The Association , after reasonable notice to the offender and to the Owner, may remove any Improvement constructed, reconstructed, refinished, altered or maintained which is in violation of this Declaration, and the Owner of the Improvement shall immediately reimburse the Association for all expenses incurred in such removal. 15.12 Membership. A majority of the ACC may designate a representative to act for it. Should a member resign or become unable to act, the other members shall appoint a successor. One or more members may be replaced by written designation recorded in the Garfield County Clerk and Recorder's office showing approval by a majority of the Owners. The initial member of the ACC shall be: Mark Sills 898 Highway 133, Suite 303 Carbondale, CO 81623 16. COVENANTS RUN WITH LAND. These covenants run with the land and shall D e c laration of P rot e ctiv e C ov enant s Creek Side Estates Subdivision Gafield CounQ, Colorado Page 16 of21 be binding upon all parties and all persons claiming under them. 17. COLLECTION OF ASSESSMENTS _ ENFORCEMENT 17.1. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Association. To the extent the Association is responsible therefore, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing, and plowing of roads within and accessing Creek Side Estates; expenses for maintaining, improving, and preserving the Association's common elements; expenses of the ACC; and taxes, insurance, accounting, and legal functions of the Association. Such assessments shall be deemed general assessments and shall be borne pro rata by all Owners. The Association may establish contingency and reserye funds for the maintenance and improvement of the Association's common elements and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and reserve funds shall be in such an amount as the Association may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds. As used herein, an Owner's pro rata portion of common expenses shall mean a fraction formed by the number of lots purchased and held by the Owner (numerator) and the number of Lots in Creek Side Estates (denominator). The Association shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Association. 17.2 Annual Assessment/Commencement of Common F,xnense Assessments- Common Expenses Assessment shall be made on an annual basis against all Lots and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense Assessments shall be payable in monthly installments and shall begin on the first day of the month following the month in which conveyance of the first Lot to an Owner other than the Declarant occurs. 17.3. Lien for Non-Payment of Assessments. All sums assessed by the Association, including without limitation the share of common expense assessments chargeable to Lot Owner, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: D e c laration of P rot e c tiv e C ov e nant s Creek Side Estates Subdivision Garfie M C ounty, Co lorado Page 2l of2l Tax and special assessment liens on the Lots in favor of any governmental assessing unit. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments has hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. $ 38-41-201, et seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot within Creek Side Estates shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. D Any recorded lien for non-payment of the corlmon expenses may be released by recording a release of lien executed by a member of the Association. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Association, and the Association may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Association shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Association shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Lot Owner, and its legal description. Such a notice shall be signed by one (1) member of the Association and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. ln any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Association shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. D e c larat ion of P rot e ctiv e C ov e nant s Creek Side Estates Subdivision G arfi e ld C o unty, C o lo rado Page 2l of2l A. B. C 17.4. Enforcement Actions. The Association shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Lot Owners within Creek Side Estates. In addition, each Lot Owner within Creek Side Estates, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Association shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Association but not to exceed 1.5 percent per month. After thirty (30) days, written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $25.00 per day for every day the violation exists or continues after the expiration of said 30-day period. 17.5. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Creek Side Estates in violation of these Covenants and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one-year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. r8 INSURANCE. The Association may obtain and keep in full force and effect the following insurance coverage: 18.1 Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. 18.2. Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. 19. GENERAL PROVISIONS I9.1 Amendment of Covenants. Except as otherwise provided by the Act (including amendments by the Declarant and the Association which are expressly permitted by the Act), the Declaration shall not be amended unless at least sixty-seven percent (677o) of the Owners. Notwithstanding the foregoing, and except to the extent expressly permitted or required by the Act, no amendment may (i) create or increase De claration of P rotective Cov enants Creek Side Estates Subdivision G arfi e ld C o unty, C o lo rado Page 2l of2l special Declarant rights, (ii) increase the number of Lots, (iii) change the allocated interest of a Lot, or (iv) change the uses to which any Lot is restricted in the absence of unanimous consent of the Owners. I9.2 Applicability of Colorado Common Interest Ownership Act. Pursuant to C.R.S. $$ 38-33.3-101, et seq., Creek Side Estates is a corlmon interest community (a "planned community") and is, therefore, subject to all provisions of the Colorado Common Interest Ownership Act ("CCIOA"). In the event of a conflict between the Covenants and CCIOA, to the maximum extent permitted by law, the provisions of the Covenants shall control. I9.3 Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 19.4 Paraeraph Headings and Underlining. The paragraph headings and underlining within this instrument are for convenience only and shall not be construed to be a specific part of the covenants contained herein. 19.5 Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. 19.6 Term. This Declaration and any amendments or supplements hereto shall remain in effect for ten days from the date of recordation. Thereafter, this Declaration shall be automatically extended successive for periods of ten (10) years each, unless otherwise terminated or modified as provided herein or by the Act. IN WITNESS WEREOF, the Declarant has executed this Declaration this _ day of September 2007. Mark Sills, Declarant STATE OF COLORADO D e c laration of P rote c t iv e C ov enant s Creek Side Estates Subdivision G arfi e ld Co unty, C o lo rado Page 2l of21 ) )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of September 2007, by MARK SILLS, as Declarant. Witness my hand and official seal. My commission expires: Notary Public D e c laration of P rote ctiv e C ov e nants Creek Side Estates Subdivision Garfi e ld C ounty, C o lo rado Page 2I of2l Page 1 of 1 David Pesnichak From: David Pesnichak Sent: Tuesday, November 06,2OOT 5:16 pM To: 'Davis Farrar' Cc: Michael Howard;Carolyn Dahlgren Subject: Creek Side Estates Final plat Review - 11-6-2007 Attachments: Final Plan Map - 11-6-2007.pdf HiDavis, I have reviewed the additional materials you submitted for the Creek Side Estates Final plat with our attorneysthis afternoon. Below is a list of deficiencies which need to be corrected before this application can be determinedto be Technically Compliant., J vl lu , oS.r 9I Pag? 4, 5 and 6 of the SIA (Review and Notice of Deficiency and Request for Partial Release of the ,)t[uA TDA), please use the form SIA language requiring certification of the improvement comptetions by the\l)oWner,Sengineer,nottheRoadandBridgeDepartment@. ,2. The dedication language needs to be corrected. The fourth paragraph of the dedication ceftificate needs tosay: "That said owner does hereby dedicate and set apart all of the streets and roads shown on theaccompanying plat to the use of the public forever, be maintained by the homeowners association andhereby dedica_tes to the public utilities those portions of said real property which are labeled as utilityeasements ..." The dedications to the HOA should come after the dedicitions to the public for the slfe otconsistency. Also, please correct the noted spelling and punctuation errors noted within the dedication and,, attorney's certificate. ,As Aease submit updated construction drawings per #5 of your letter dated 1O-25-2O07. 'z4.aflease submit updated covenants per #6 of your letter dated 1o-2s-2ooz. (lflease submit updated srA per #7 of your tetter dated 10-25-2007. I hope you had a good trip to the Grand Canyon. I willforward this email along to Deric Walters once I get hisemail address (hopefully tomorrow). Best, Dave David Pesnichak Senior Planner - Long-Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@ garfield-county.com www.garf ield :c0unly. com ILt6t2007 KNOW AIL MEN BY TIIESE PRESENTS: That the undersigned is/are the owner(s) of that realproperty situated in the county ffio, and being a part of the --as shown on the accompanying plaf said real property being more particularly described as follows: DEDICATION That said owner has caused the said rear property to be laid and surveyed as a subdivisiorr of a part of County, Colorado tn{-in2n| fu *a-, /{".r' That said owner does hereby dedicate and set all of the streets and roads as shown ontheaccompanylngplat to the use of the public and hereby dedicate to the public Utilitiesthose portions of said real property which are labeled as utility easements on the accompanying platas perpetual easements for the installation and maintenance of utilities,irrigation and drainagefacilities, including but not limited to electric lines, gas lines, telephone lines;together with the rightto trim interfering trees and brush; with perpetual right of ingress and egress for installation andmaintenance of such lines. Such easements and rights shall be utilized in a reasonable and prudentmallner. . That all expense for street paving or improvements shalt be fi.rnished by the seller orpurchaser, not by the County of Garfietd IN wrrNESS WHEREoF said owner has caused his aame to be hereunto subscribed thisday of A.D., 1g_. a e t COMMITMENT FOR TITLE INSURANCE SCHEDT'LE A File No. 0801045 l. Effective Date: January 4,2008 tt 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: o) ALTA LOAN POLTCY (ALTA 6-17-06) Proposed Insured: 3 $0.00 The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereofvested in: Mark A. Sills 4.The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit rrA" COUNTERSIGNED: American Land Title Association Schedule A (Rev'd 6-06) (l Authorized Officer or Agent sb Valid Only if Schedule B and Cover Are Attached TITLE CHARGES Owner's Policy Standard Coverage UZ $300.00 Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No.0801045 EXHIBIT ''A'' A parcel of land situated in Lot 3, of Section 19, Township 5 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado, formerly known as Lot 4, Block 2, Rifle Creek Ranch Subdivision, First Filing, as platted and filed in the Garfield Clerk and Recorders Office, said parcel of land being more particularly described as follows: Beginning at a point on the East West Centerline of said Section 19, whence the West '/o Corner of said Section 19 bears North 89o56r43rt West 1020.44 feet, said POINT OF BEGIIYNING also being the Northwest Corner of said Lot 4,, Rifle Creek Ranch Subdivision; thence South 89056'43" East 330.00 feet; thence South 00010'46" East 275.00 feet; thence South 81"46'35" West 275.68 feet to a point on the cul-de-sac of Creek Side Drive as shown on said Rifle Creek Ranch Subdivision PIat; thence along said cul-de-sac and 99.44 feet along the arc of a curve to the left having a radius of 45.00 feet, the chord of which bears North 50"18'47" West 60.33 feet; thence leaving said cul-de-sac North 02024'10" West276.46 feet to the POINT OF BEGINMNG. TOGETHER with a 60.00 foot Access Right of Way, also situated in said Lot 3 of Section 19, Township 5 South, Range 92 West of the Sixth Principal Meridian, being 30.00 feet on either side of the following described centerline. Beginning at a point on the Southerly right of way of State Highway No. 325 whence the West 1/4 Corner of said Section 19 bears North 36o10'46" West 970.04feet; thence 75.11 feet along the arc of a curve to the left, having a radius of 126.32 feet, the chord of which bears North 73009'39'r East 74.00 feet; thence North 56007'39'r East 115.6f feet; thence 283.83 feet along the arc of a curve to the left having a radius of 354.05 feet, the chord of which bears North 33009'39" East276.29 feet; thence 181.38 feet along the arc of a curve to the right having a radius of 173.21feet, the chord of which bears North 40011'39" East 173.20 feet; thence North 70011'39" East 33.54 feet to the centerline of a cul-de-sac having a radius of 45.00 feet. The Right of Way as described is formerly known as Creek Side Drive located in said Block 2, Rifle Creek Ranch Subdivision. { File No'. tigotoas SCHEDULEB-SECTIONl The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereofmay appear as an exception under Schedule B ofthe policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. l. Release of record by the Public Trustee of the Deed of Trust from Mark A. Sills for the use of Bear Stearns Residential Mortgage Corporation showing an original amount of $494,000.00, dated lllday 24,2007 and recorded June 20, 2007 nBook 1939 at Page 988. 2. This commitnent is for informational purposes only and no policy will be issued. NM6 American Land Title Association Commitment Schedule B - Section I - Form 1004-5 4 File No. 0801045 SCHEDULEB-SECTION2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: l. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection ofthe premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, ifany, created, first appearing in the public records or attaching subsequent to the effective date hereofbut prior to the date the proposed insured acquires ofrecord for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account ofthe inclusion ofsubject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right ofway for ditches or canals constructed by the authority ofthe United States, as reserved in United States Patent recorded April 15, 1963 in Book 348 at Page 340. I 0. Reservation of a one-half interest in and to the mineral rights as reserved by Effie Sayre in deed recorded February I , I 954 in Book 275 at Page34 and any and all interests therein or assignments thereof. I l. Undivided one-fourth interest in and to all oil, gas and other minerals together with the right to mine, drill for and otherwise remove the same upon payment of surface damages as reserved by Cecil Vernon in deed recorded March 9, I 96 I in Book 332 at Page 598 and any all interests therein or assignments thereof. 12. Reservation of an undivided one-eighth interest in all oil, gas and other minerals with the right to mine, drill for or otherwise remove the same upon payment of surface damages as reserved by W.F. Scanow and Myrtle E. Scarrow in deed recorded March 3, 1969 in Book 400 at Page I 63 and any and all interests therein or assignments thereof. 13. Stipulations contained in ruling of referee in the District Court in and for Water Division No. 5, Application No. 8lCW56 recorded June 21, 1990 in Book 781 at Page 795. 14. Non-exclusive right to use utility easements shown on the final plat of Rifle Creek Ranch Subdivision First Filing as conveyed to Robert N. Caliva and Katheryn P. Caliva in deed recorded July 3, 1990 in Book 782 atPage 823. 15. Terms and conditions of cooperative agreement for permanent damage prevention fencing by and between the Division of Wildlife and Ann C. Robinson recorded April 7, 1993 in Book 858 at Page 875. 16. Reservation on a non-exclusive easement described in Deed recorded January 12,1999 in Book I 108 at Page 446. 17. Easements for maintenance and repair purposes and erms, conditions, and all matters set forth in Water Rights and Easement Agreement as more particularly described in instrument recorded April 9, 2003 in Book 1456 at Page 473 and in Supplemental Agreement recorded May 26,2006 in Book 1804 at Page62. I 8. Terms and conditions of Oil and Gas Lease by and between Mark Sills, as Lessor and Apollo Energy, LLC, as Lessee, recorded August 9, 2005 in Book I 7 I 5 at Page 62 and any and all interests therein or assignments thereof. (Continued) f ile No.' 0801045 SCHEDULE B. SECTION 2 (Continued) 19. Easement granted to Doby Enterprises, LLC and terms, conditions and all matters set forth in Agreement recorded May 26,2006 in Book 1804 atPage62. 20. Terms and conditions of Resolution No. 2007-64 recorded August 8, 2007 as Reception No. 730272. 21. TermsandconditionsofResolutionNo.200T-9recordedFebruary9,2007inBookl893atPage387. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE TO BE ISSUED HERET,IIDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (l) The Deed ofTrust, ifany, required under Schedule B - Section l. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanlng arbitration rules prior to the closing of the transaction. American Land Title Association Commitment ScheduleB-Section2 Form 1004-12 A.Settlement Statement U.S. Department of Housing and Urban Development OMB Approval No. 2502-0265 B. Type OfLoan FHA 2.FmHA 3.Conv. Unins.8, Mortgage lnsurance Case Number +.8 vl 5. E conv. tns. C' Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. ltems marked "(p.o.c)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. 0. Name and Address of Borrower Mark A. Sills 721 Estates Blvd Grand Junction CO 81505 G. Property Location 111 Creekside Drive Rifle R007351 co 81650 F. Name and Address of Lender H. SettlementAgent COMMONWEALTH TITLE COMPANY 20-8908584 Settlement Date 1t17t2008 Disbursement Date 1t17t2008 204. 205. 206. 207 208 209. J. Summary of Borrowe/s Tranlactlon K. Summary of Seller's Transaction {00. Gross Amount Due From Borrower 400. Gross Amount Due to Seller 101. Conkact Sales Price 102. Personal Property 103. Settlement Charges to borrower (line 1400) 104. EMC 105. 2007 taxes POC Adjustments for ltems paid by seller ln advance Adjustmenb for ltems pald by seller ln advance 106. City/Town Taxes to 1 07. County Taxes to 108. Assessments to 1 09. 1 10. 111 112. {20, Gross Amount Due From Borrower 200. Amounb pald By Or ln Behalf Of Borrower 500. Reductlon3 ln Amount Duo To Seller 201. Deposit or earnest money 2O2. Principal amount of new loan(s) 203. Existing loan(s) taken subject to AdJustments for ltems unpaid by seller Adjustmenb for ltems unpald by seller 210. City/Town Taxes 21 1. County Taxes 2'12. Assessments 213. 214. 215. 216. 217 218. 2',19. 22O. fotal pald By/For Borrower 300. Cash At Seftlement From/To Borrower 600. Cash At Settlament To/From Seller 301. Gross Amount due from borrower (line '120) 302. Less amounts paid by/for bono/ver (line 220 303. Cash [] From f] To Borrower The HUD-I settlement which I have prepared is a true and acrurate account of this kansaction. I have caused or will cause the funds to be disbursed in accordance with this statement. to to to 6. File Number 0801 045 7. Loan Number E. Name and Address of Seller Place of Settlement 127 E.5th Street P.O. Box 352 Rifle co 81650 401. Contract Sales Price 402. Personal Property 336.00 403. 498,743.66 404. 406. Cityffown Taxes 405. to 407. County Taxes to 408. Assessments to 409. 410. 411 412. 499 420, Gross Amount Due To Seller 50i. Excess deposit (gee instructions) 502. Settlement charges to seller (line 1400) 503. Existing loan(s) taken subject to 504. Payoff ot first mortgage loan 505. Payoff of second mortgage loan 506. 507 508. 510. City/Town Taxes 509. to 51 1. County Taxeg to 512. Assessments to 51 3. 514. 51 5. 51 6. 517 51 8. 51 9. 79.66 520. Total Reductlon Amount Due Seller 601. Gross Amount due to seller (line 420) 602. Less reductions in amt. due seller (line 520) 499,079.66 503. cash E fo fl From Seiler Settlement Date zbo. L. Settlement Total Sales/BrokeB Commlsslon based on Division of 701 702. at Settlement 704. to to Paid From Borrower's Fund's at Settlement Paid From Selle/s Fund's at Settlement 800. ltems 801. Loan 802. Loan Discount 804. Credit 805. Lende/s 806. 807 808. 809. 81 0. all 812. 81 3. 814. 816. 817 ln Connection Wlth Loan Fee Fee to to to to to Fee 900. ltems 901. lnterestfrom 902. Lender Pald ln Advance to lnsurance Premium for months 903. Hazard lnsurance Premium to 905. Reseryes 1001. Hazard lnsurance 1 003. 1 004.Taxes 1 005. Annual Assessments 1 006. 1007 1 008. With Lender months months months months month month month month month month Tltle 1101. Seftlementor 1102. Abstract or Title Search 1 103. Tltle Examination 1 104. Title lnsurance Binder 1 't05. 1106.Fees 1107 Fees above items 1108. Title items 1 109. Lende/s 111 1 'l 11. Endorsements 11 1113. Courier Fee to Commonwealth Title to to to to to Fee 300.00 15.00 1200. Govemment 1201 fee: 1202.Tax State 1204. 1205. and Transfer Deed $21.00 s Deed 21.OO Addltlonal Settlement 1 301 1 302. Pest 1 303. 1 304. 1 305. 1400. Total Settlement I havo car.fully or by mo ln thl3 Borrowers A, Si[s to to on llne {Sectlon J and Sectlon Statomont and to tho bostof my](nowlcdg. rnd boll6f, lt 13 a trua rnd rccurate rtltomont of rll rocolpt! rnd dbburaomont! mada on my lccount copy of tho HUD-'l Sottlamont Stltomcnt. Sellers 336.00 For dctrils 3cc: Tltlo 18 u.S. Codo Soctlon loot and Soctlon l0lo- CREEK SIDB ESTATES SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS CREEK SIDE ESTATES SUBDIVISION ("Subdivision") SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this day of 2001, by and between MARK SILLS ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS, Owner is the owner and developer of the Subdivision, which property is depicted on the Final Plat of Creek Side Estates Subdivision ("Final Plat" or "Final Plat of the Subdivision"); and WHEREAS, on July 9,2007,the BOCC, byResolution No. 2007-64,approved apreliminary plan for the Subdivision which, among other things, would create six (6) single-family residential lots ("Preliminary Plan Approval"); and WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC for as required by the laws of the State of Colorado, Owner wishes to enter into this SIA with the BOCC; and WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy, all as more fully set forth below. S u b divi s io n I mp rov e me nt s A g re e ment Creek Side Estates Subdivision Page I of 14 NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the BOCC and Owner ("parties") agree as follows: 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision regulations and any other governmental or quasi-governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in accordance with this SIA and at the time prescribed herein. 2, AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be completed certain remaining work involving revegetation, earthwork, and chip sealing of road surfaces and has constructed and installed certain subdivision improvements previously inspected and approved by the County ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi- governmental entities with jurisdiction. The Subdivision Improvements, except for the revegetation, earthwork, and chip sealing of road surfaces as more fully described on the Owner's construction plans on file with the County Building and Planning Department, have been completed in substantial compliance with the following: i. All documentation required to be submitted along with the Final Plat S ubdiv is ion I mp rov e me nt s A g re ement Creek Side Estates Subdivision Page 2 of 14 under pertinent sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"). ii. All requirements of the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi- governmental authority(ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that all Subdivision Improvements have been constructed and installed in accordance with this paragraph 2 andall otherrequirements of this SIA, and that the Owner has satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision regulations, with respect to the installation of Subdivision Improvements, excepting revegetation, earthwork, and chip sealing of road surfaces as more fully described on the Owner's construction plans on file with the County Building and Planning Department. 3. SECURITY FOR EARTHWORK, CHIP SEALING OF ROAD SURFACES AND REVEGETATION. a. Treasurer's Deposit Agreement and Substitute Collateral. The revegetation, earthwork, and chip sealing of road surfaces within the Subdivision, as more fully described on the Owner's construction plans on file with the County Building and Planning Department, shall be secured by a Treasurer's Deposit Agreement between the Owner, the S ub d iv is io n I mp rov e ment s A g re e me nt Creek Side Estates Subdivision Page 3 of 14 BOCC and the Garfield County Treasurer ("TDA") in the face amountof $26,422.00 and in the form attached hereto as Exhibit A. The TDA shall be valid for a minimum of two years following recording of the Final Plat or until vegetation has been successfully reestablished according to the reclamation standards in the Garfield County Vegetation Management Plan. The BOCC, at its sole option may permit the Owner to substitute collateral other than a TDA, in a form acceptable to the BOCC, for the purpose of securing the completion of the revegetation, earthwork, and chip sealing of road surfaces. b. TDA General Provisions. The provisions of this SIA dealing with TDA requirements, extension of expiration dates, increase in face amounts, plat recording and plat vacating shall apply to the TDA. c. Review and Notice of Deficiency. i. Revegetation. Upon establishment of revegetation and reclamation, the Owner shall request review of the work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002- 94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580512, in Book I25I, at Page 566, as amended, and the revegetation/reclamation plan for the Subdivision submitted for Preliminary Plan Approval. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further revegetation and reclamation efforts, approved by the Vegetation Management S ubdiv is i o n I mp rov e ment s A g re e me nt Creek Side Estates Subdivision Page 4 of 14 Department, as such efforts as such efforts may be instituted within the two years following recording of the Final Plat or until vegetation has been successfully reestablished according to the reclamation standards in the Garfield County Vegetation Management Plan. ii. Earthwork.Upon completion of the earthwork, a review shall be done by the Owner's Engineer and all documentation of the review shall be accompanied by the owner's Engineer's seal. The owner's Engineer's seal shall certify that the earthwork has been constructed in accordance with the requirements of the SIA, including all Final Plat Documents and the Preliminary Plan Approval. Such review shall be for the purpose of verification of successful completion of the earthwork in accordance with the construction plans for the Subdivision submitted for Preliminary Plan Approval. If Garfield County provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by corrective earthwork. iii. Chip Seal. Upon completion of the chip seal, a review shall be done by the Owner's Engineer and all documentation of the review shall be accompanied by the Owner's Engineer's seal. The Owner's Engineer's seal shall certify that the chip seal has been completed in accordance with the requirements of the SIA, including all Final Plat Documents and the Preliminary Plan Approval. Such review shall be for the pu{pose of verification of successful completion of the chip seal in accordance with the construction plans for the Subdivision submitted for Preliminary Plan Approval. If Garfield County provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by corrective chip seal. S ub div is ion I mp rov e ment s A gre eme nt Creek Side Estates Subdivision Page 5 o.f 14 d. Reouest for Partial of the TDA. Owner may request partial releases of the TDA, and shall do so by means of submission to the Building and Planning Department of a "Written Request for Partial Release of TDA", in the form attached to and incorporated herein by reference as Exhibit "B", accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certiSrthat the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amount of the TDA as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. e. BOCC's Completion of Revegetation. Earthwork. and Chip Sealing of Road Surfaces and Other Remedies. If any aspect of Owner's revegetation, earthwork, and/or chip sealing of road surfaces efforts are deemed by the BOCC to be unsuccessful or incomplete, in the sole opinion of the BOCC upon the recommendation of the responsible County Department, or if the BOCC determines that the Owner will not or cannot complete the required work, the BOCC, in its discretion, may withdraw and employ from the TDA such funds as may be necessary to carry Subdivision Improvements Agreement Creek Side Estates Subdivision Page 6 of 14 out the revegetation, earthwork, and/or chip sealing of road surfaces, up to the face amount of the TDA allocable to such work. In lieu of or in addition to drawing on the TDA, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation, earthwork, and/or chip sealing of road surfaces. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the TDA or filing a civil action. 4. WATER SUPPLY AND WASTEWATER COLLECTION. As stated in paragraph 11, below, prior to issuance by the BOCC of any certificates of occupancy for any residences within the Subdivision, Owner shall install connect and make operable a water supply and distribution system for potable water and fire protection system in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system(s) shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision by bill of sale. 5. PUBLIC ROADS. All roads within the Subdivision shall be deilicated by the Owner to the public as pubic rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Homeowneros Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-wayoutside of the traveled surface. The BOCC S ub div isio n I mp rov ement s A gre eme nt Creek Side Estates Subdivision Page 7 of 14 shall not be obligated to maintain any road rights-of-way within the Subdivision. 6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of- way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right-of-Way Use Regulations, recorded as Reception No. 6434JJ,inBook 1548, at Page 918 and as amended. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 7 . INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements, including revegetation/reclamation, and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuantto this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be S u b div is io n I mp rov e ment s A g re eme nt Creek Side Estates Subdivision Page 8 of 14 construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 8. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the RE-2 School District, calculated in accordance with the Garfield County subdivision regulations and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as $200.00 per unit: The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, Twelve Hundred Dollars ($1,200.00) as a payment in lieu of dedication of land to the RE-2 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of $:O-ZS-t::, C.R.S., as amended, and the Garfield County subdivision regulations. The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE-2 School District- 9. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 10. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any S ubdiv ision I mp rov ement s A gre ement Creek Side Estates Subdivision Page 9 of 14 residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Rifle Fire Protection District ("District"), if the District has so required, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation/reclamation, and including off-site improvements, have been completed and are operational as required by this SIA. 11. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 12. ENFORCEMENT. In addition to any rights provided by Colorado statute; the withholding of building permits and certificates of occupancy, provided for in paragraph 11, above; the provisions for release of security, detailed in paragraph 3, above; and the provisions for plat vacation, detailed in paragraph 12, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District S ubdivision Improv e me nts A g re e ment Creek Side Estates Subdivision Page l0 of 14 Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 13. NOTICB BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 14. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 15. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner:Mr. Mark Sills 898 Hwy. 133, Suite 303 Carbondale, CO 81623 (970) 989-0000 w/copy to: The Noone Law Firm, P.C P.O. Drawer 39 S ubdiv i s ion I mp rov ement s A g re eme nt Creek Side Estates Subdivision Page l1 of14 Glenwood Springs, CO 81602 (970) 945-4sOO BOCC: Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Dir. 108 8th Sfteet, Suite 401 Glenwood Springs, CO 81601 Phone: (970)945-8212 Fax: (910) 384-3470 16. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA maybe modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including by way of example, an amendment to extend the Completion Date, substitute the form of security or approve a change in the identity ofthe securityprovider/issuer, shall be consideredbythe BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment documents to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 15, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 17. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 18. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. Subdiv is ion I mprovements A g re ement Creek Side Estates Subdivision Page l2 of 14 Subdivision I mp rov ements A g re e me nt Creek Side Estates Subdivision Page l3 of 14 IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATTEST: Clerk to the Board STATE OF COLORADO COUNTY OF GARFIELD 2007 WfINESS my hand and official seal. BOARD OF COUNTY COMMISSIONERS oF GARFIELD COUNTY, COLORADO By: Chairman Date: OWNER Mark Sills Date ) )ss. ) Subscribed and sworn to before me by Mark Sills, Owner of the Subdivision, this _ day of S ub div ision I mp rov e me nt s A g re e me nt C re e k S ide, " *, ; : ;: li :;r,l My commission expires Notary Public ACKNOWLEDGMENT OF FIRST PARTIAL SATISFACTION SUBDIYISION IMPROVEMENTS AGREEMENT IG'{OW ALL MEN BY THESE PRESENT that: WHEREAS, EMPTY ENTERPzuSES (hereinafter "Owner") entered into a Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County, Co^lorado (hereinafter "Board"), recorded as ReceptionNo. 741688 ofthe Garf,reld Countyrecords on January Zi,2OOB,for the improvements of CREEK SIDE ESTATES SUBDTVISION; and WHEREAS, an irevocable Letter of Credit was delivered to the County in the amount of $26,422.00 in order to secure the subdivision improvements to be constructed by the Owner as required in the SIA; and WHEREAS, the obligations of the Owner have been partially satisfied, as verified in the attached statement from Deric J. Walter, P.E., Boundaries Unlimited, Inc. dated August 21,2008, that certain work has been completed consistent with improvements described in the Subdivision Improvements Agreement. NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the Subdivision i-prou.-.nts Agreement entered into by Owner and the Board for the first release of security in the amount of $23,672.00 for work completed consistent with improvements described in the Subdivision Improvements Agreement leaving a balance in the irrevocable Letter of Credit of $2,750.00. By Chairman STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing instrument )ss was acknowledged before me this - day of by John Martin, as Chairman of the Board of County WITNESS mY hand and official seal. Commissioners of Garfield County, Colorado. My commission expires Garfield County Clerk Creek Sfde Esfafes SUMMARY OF POSSIBLE COST and WORK REMAINING BUI Project: Creeksideust 21, 2008 ITEM Roadway Earthwork Chipseal 8" Class 6 ABC under chipseal & shoulder '12" Class 2 ABC under chipseal & shoulder Drainage and Storm Sewer includes trenching and fittings-- 12"A CPP (ADS N-12-WT) 56'X 36'Arch Pipe Domestic Water --price includes trenching and fittings-- Chlorination House 'CL200 Waterline 1" Water Service Valve Assembly 30,000 Gallon Water Tank 6' CL200 PVC Fire Hydrant Line Fire Hydrant Assembly Frost Free Hydrant & Service Line 4' PVC Sub Drains under Tank and Air Vac Shallow Utilities-Xcel & Qwesf Electric Transformer Electric Wire Power Pole Drop renching Miscellaneous Mobilization General Revegetation of Disturbed Areas Erosion and Sediment Control NPDES Permitting 10% Contingency Estimated Costs Percent Unit Cost Cost ComPleted Remaining CostQuantity 7600 c.Y 1720 S.Y 500 c.Y 740 C.Y 50 L.F 40 L.F $8.00 $9.00 $36.00 $33.00 $35.00 $100.00 $8,000.00 $26.00 $1,000.00 $3,000.00 $35,000.00 $35.00 $3,500.00 $3,s00.00 $10.00 $60,800.00 $15,480.00 $18,000.00 $24,420.00 $1,750.00 $4,000.00 $8,000.00 $28,340.00 $6,000.00 $3,000.00 $35,000.00 $6,300.00 $3,500.00 $3,500.00 $3,800.00 1O0o/o 100% 100% lOOo/o 1O0o/o 100% 100% 100% 10oo/o 1007o $0 $o $o $o $o $o 1 L.S. 1090 L.F. 6 Each '1 Each 1 Each 1 Each 1 Each 380 L.F. 100% 100Yo 100% 100% 1004/o 100% 100Yo IOOYo lOOo/o $o $o $o $o $o $o $o $o $o $o $o $o $o 180 L.F 4 Each 1100 L.F. 1 Each 1100 L.F. $6,000.00 $6.00 $3,000.00 $6.00 $24,000.00 $6,600.00 $3,000.00 $6,600.00 1 L.S. 1 L.S. 1 L.S. 1 L.S. 100% 75o/o 100% 100o/o $10,000.00 $10,000.00 $2,000.00 $1,000.00 Subtotal TOTAL $10,000.00 $10,000.00 $2,000.00 $1,000.00 $285,090.00 $28,509.00 $313,599.00 $o $2,500 $o $o $2,500.00 $250.00 $2,750.00 I be reviewed again in thewith Steve Anthony,Per ng illL t (I 11iltt11liltq1;ll1l$,H{,t+l.5tl lt4tttltrtfl tll..1 lllll \1, -+t',,'+.'g'*i,{1,'eB?B',"1";t.ll?65'EB*,,.1D cou*Ty co PLEASE RETTJRN TO: The Noone L,aw Firm P.O. Box 39 Glenwood Spriogs, CO E 1502 2OO7 GARFMLD COI.]NTY TREASURER'S DEPOSIT AGREEMENT CREEK SIDE ESTATES SUBDTVISION OWhIER: IvtARK SILLS THIS 2OO7 GARFIELD COUNTY TREASURERS'S DEPOSIT AGREEMENT - CREEK SIDE ESTATES SUBDMSION ("Deposit Agreernent") is entered into by and betwe€n the Garfield County Board of County Commissioners ("BOCC'), the Garfield County Treasuter, Georgia Chamberlain ("Treasurer"), and MARK SILLS ('Ovrner"). WHEREAS, the BOCC approved the Preliminary Plan Application for Creek Side Estates SuMivision submitted to the BOCC by the Owner by means of Resolution No. 2007-64 ('T.esolution"), attached hereto and incorporated herein as Exhibit A; and WHEREAS, the BOCC and Owner entered into that certain Creek Side Estates SuMivision, Subdivision Improvernent Agreanent ("SIA"), a copy of which is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the SIA requires provision of "Security for Earthwork, Chip Sealing of Road Surfaces and Revegetation" as defined in paragraph 3 of the SIA, and Owner wishes to deposit good funds for such security and WHEREAS, mnsistent with paragraph 3 of the SIA, the BOCC has approved Owner's use of a Garfield County Treasurer's Deposit Agreement in lieu of a Letter of Credit as such financial assurance; and WHEREAS, the Treasurer is willing and able to hold such ftnds in accordance with the Treasurer's statutory duties outlined in Sections 30-10-701, et seq. and 30-l-102, C.R.S., as amended. NOW THEREFORE, the parties agree as follows: I. Creek Side Estates SuMivision Treasurer's Account. Owner shall deposit with the Treasurer the sum of Twenty Six Thousand Four Hundred Twenty Two Dollars ($26,422.00) to secure the required earthworlg chip sealing of road surfaces and revegetation work wit-hin Creek Side Estates Subdivision as requted in paragraph 3 of the SIA' Exhibit B. In consideration of the service fee payable to the Treasurer, identified in Paragraph IL, below, the Treasurer shall place the funds in an interest bearing account and disburse funds therefrom in accordance with the tenru of this Deposit Agreement. Such account shall be known as the 'Creek Side Estates SuMivision Treasurer's Account" and shall be subject to the t€rrns and conditions of this Deposit Agreement. II. Treasurer's Service Fee. The Treasursr's seryice fee shall be, in accordance with Section 30-1-102(l)(c), C.R.S., as amended, one percent (l.Oo/o)of the deposited funds, i.e., Two cq/{h7 ril H,L tull$l'Hll,HLlltl,H t,ht lst H[t*'t lllt lt tt I -ii?:?l.d,nti,iffi ,"*!.ll?i6iE&,,.'ocourryco Hnndred sixty Four dollars and Twenty Two cefits ($264.22)' The service fee covers administrative costs incurred by the Treasurer in distributing and accounting for the Creek Side Estates subdivision Treasurer',s Account. such fee shall be paid by ovrner: A. Two Hurrdred Sixty Foru dollars and Twenty Two centl ($264.22) in cash or by check made payable to the Gar6ed Corurty Treasurer, as noted in the "Receipt" section of this Deposit egr".ore"t (page 6), on or before tire date of execution of this Deposit Agfeemmt' The service fee is deerned to be eamed by the Treasurer uPon execution of this Deposit Agreement. Interest earned on the Creek Side Estates Subdivision Treasurer's Account shall be paid to owner ur p* or,rt" single disbrfsement detailed in Paragraph III., below' The Treasurer shall thereafter provide to owner a report of interest earned, as required by state and federal tax law, or; B. ln lieu of palng the 1.0% Treasurer's service fee, Owner may grant to the Treasurer tt" right to accrue and-earn all of the interest paid on the Creek Side Estates Suffiivision Treasurer's Account over the term of this Deposit Agreement, as identified in Paragraph IV., below. Such grant, if made, is shown by the initials of owner's authorized representative placed in this zubparagraph B' III. Disbursement Procedure. Disbursernent from the Creek Side Estates Subdivision Treasurer,s A"*rrrt ,tutt b".rruae by the Treasurer upon the written direction of the BOCC, as follows: A. Request for Review and Aptrroval Upon completion of each component of the requirod ,"u"g"tutioffih*orL, and chip sealing of road surfrces within Creek Side Estates Sugivision as rfruirea in paragraph 3 of the SIA, Exhibit B, Otrmer shall obtain written approval of the revegetation work by the Garfield County Vegetation Managernent Department and writtcn approvaiof the earthwork, and chip sealing of road surfaces by the Garfield County Road and Bridge DePartment. B. Request for Successive Partial Disbursements. This Deposit Agreernent provides for zuccessiv. p"ni.l releases or disbursements from the Creek Side Estates Subdivision Treasurer's Accognt * follows; One (l) partial disbursertent shall be requested by Owner, upon conpletion of each of the three (3) components of the required work rernaining to be conpleted for earthworlg chip sealing of road surfaces and revegetation Owner shall request partial disbursernents by means of a written 'Request for Disbursernent," addressed to the BOCC and delivered to the Garfield County Building and Planning Department. The Request for Partial Disbr:rsernent shall be accornPanied with an "pprou"1 statement from the Garfield County Vegetation Management Department for the rwegetation work ($5,000.00) and an approval statement from the Garfield Crounty Road and Bridge Departmart for the earthwork ($3,040.00) and chip and seal work ($16,480), respectively, Tre asure r's De pos i t Agre e rnenl Creek Side Estates Subdivision Page2 ot6 ril il'l lllllu?, !ll{,ltl, hf,l,{l,lHHll L lhHil{lllld I I lt IRecrotion$: 7{1590 01l2dl20,0,a 0a,33,29 Pll Joen Alb.rico3 ol 33 Roc Frr to.o@ ooc F..:@.@ GARFIELD CoUNTY C0 each in accordance with the requiremeots of the S[A. C. Deficiencies. If the Garfield County Vegetation Managernent Department refi,ses approval of the success ofthe revegetation work or the Garfield County Road and Bridge Department refuses approval of the earthwork and chip and seal work, the refusing Department shall provide written notice of deficiency in zubstantial compliance with the provisions of paragraph 3 of the SIA, and Owner shall correct the idelrtified deficiencies. D. BQCC's AcknpWledgme,nt and Direction Upon review of the zubmittals required by subparagraph A. and B., above, if the BOCC approves the statements from the Garfield County Vegetation Manageine,rrt Department and the Road and Bridge Department, the BOCC shall issue its "Acknowledgment of Satisfaction and Direction to Treasurer", in a form substantially similar to that document attached to and incorporued herein by reference as Exhibit C. E. BOCC's Completion of Revegetation Earthwqrk, and Chio Sealing of Road Surfrces . If any aspect of Owner's revegetation, earthworlg and chip sealing of road surhces is deerned unsatisfactory, in the sole discretion of the BOCC, within the period of time defined in Paragraph IV., below, or if the BOCC determines that Owner will not or cannot conplete any aspect of the revegetatior5 earthwork, and chip sealing of road surfaces under the SIA the BOCC may withdraw and employ from the Creek Side Estates Subdivision Treasurer's Account such funds as may be necessary to carry out the work. If funds are inadequate, responsibility to complete remaining work shall be that of the Owrer, not the BOCC. If the BOCC elects to corrylete the Owner's work, expenditure on the effort shall be no more than the principal amount of the Creek Side E$ates SuMivision Treasurer's Account, plus interest, if interest is due Owner, and minus interest, if interest is due to the Treasurer, under terms of Paragraph II., above. If the cost of the reclamation to the BOCC is less than the amount available, the BOCC shall return the overage to Owner within a reasonable period of time following completion by the BOCC. IV. Terrn The term of this Deposit Agreement shall begin on the date of execution, as defined below, and €nd on or before two years folhwing recording of the Final Plat, as expressly defined in paragraph 3 ofthe SIA\ Exhibit B. V. Waiver. Consent and Indernnity. Owner consents to the partial disbursement procedure and other actions authorized and provided for by the tenns of this Deposit Agreement. Owner waives any claim against the BOCC, its officers, employees, agents and contractors, and the Treasurer on account of each of their good Aith performance of their obligations under this Deposit Agreonent. Owner shall defend, indemnify and hold harmless the BOCC, its officers, erryloyees, agents and contractors, and the Treasurer from and against any claim made on account of this Deposit Agreemeirt. Treasurer's Deposit Agreem e nt Creek Side Estates Subdivision Page 3 of6 1g",lq.dffi..ry##Jxl#::,H: :{t rt tt I vI. lndemrffication of Treasurer. owner and the Bocc each shall mutually deford' indemify and trold th;Tr..r*o ht-,los from any claim rnade' owner and the Bocc each waive any claim against the Treasurer involving ilrL Ueposit Agleement, unless such claim is preinised upon the wanton and willful misconduct of the Treasurer' VIl. Binding Effect. This De.posit Agreement shall be ^binding on the successors and assigns of att parties ut-.t"U tominate upon final aisbursernent of funds held by the Treasurer in the Creek Side Estates Subdivision Treasurer's Account' y1II. Innnunity. Nothing contained in this Deposit Agrecrnent constitutes a waiver of governmental immnity applicable to the BOCC rmder Colorado law' lx. No Age,ncy. The making and execution of this Deposit Agg*ml shall not be deemed to create a p;-"rship, joint venture or agsncy or fiduciary relationship among the parties. X. Ifrtegration. This Deposit Agreernent corstitutes the entire agreernent arnong the parties pertaining 1o-the method of deposit and disbursernent of the Creek Side Estates SuMivision Treasurer's Account. No supplernent, modification or amendment of this Deposit Agreement, other than changes as to notLe informatiorq shall be binding unless executed in writing in a document of equal formality as this Deposit Agreement. XI. Notices. fuiy notice requirod or permitted by this Deposit Agreement shall be grven in .".iting arrA rh"tt be Lffective upon the date of delivery, or atternpted delivery if delivery is iefused. Delivrery shall be made in person, or by certified return receipt requested U.S. Mail or receipted delivery service to: BOCC c/o Building & Planning DePt attn: Fred Jarman, Director 108 Ith Street,4'h Floor Glenwood Springs, CO El60l Phone: (970\945-8212 Garfield Countv Treasurer Georgia Chamberlain 109 8th Sreet, Suite 2M Glerrwood Springs, CO 81601 Phone: (970)945-6382 Tre asure r's Depo si t Agreeme n t Creek Side Estates Subdivision Page 4 of 6 ,#$[+qHf#ifl IJI*H:: :T,-i',',' Owner Mark Sills 898 Highway 133, Suite 303 Carbondale, CO 81623 Phone: (970) 989-0000 Changes in address, phone number and identity of contact person(s), shall be made in writing, and maybe made without forrral amendment ofthis Deposit Agreement. WHEREFORE, the parties have caused this Deposit Agreernent to be effective on the date of execution by the BOCC, as beneficiary, noted below. BENEFICIAR BOARD OF COMMISSIONERS COLORADOATTEST: to the Board Date: GARFIELD By: By: Georgia CtrdmUertaiq Treasurer Date:/-lL- aao( DEPOSITOR/O\UNER: MARK SILLS q,LJI )il" Mark Sills TIN (T axpayer Identifi cation Number) Date: Tre asure r's Depo sit Agreem e nt Creek Side Estates Subdivision Page 5 of 6 SEAI, ]ll tT,l l'lllltl,lll{,hl,tltlf,l{|,!t+Lt*{,ihfi l+ft lll'l ll ll t [1i:",y91t1.14;;'o"J'ii"l[lE''E*.rrEr-ocouNryco STATE OF COLORADO COUNTY OF GARFIELD ) )ss. ) Sills RECEIPT Check No. e Subscribed and swom to before me this i-L d^y of frO e , .2007, by Mark Witness rn),hand and official seal. My Cornrnission expires : ilHnE$flifi2010 P sl Cash Received By: Print Name: Title: Office ofthe Treasurer Date: l* lt"'aOo{ Form 1099 shall be sent to: Mark Sills 898 Highway 133, Suite 303 Carbondale, CO 81623 Wry dLa#utt-$c)tclc- lJ-t-t-- Treasurer's Depos i t Agree me nt Creek Side Estates Subdivision Page 6 of 6 NOTABY PUBLIC lll I [h l'il!]tl, llll, Hl, ltf,l,{ l, l{+! ft{I h,El+{, lfl d I ll I Rccept ionH : 74tG9O01t23l26Oa 04:33.29 Pll JBn Albcrico7 ot 33 Rm Fee:tO.OO Doc Fa:0.@0 GBRFIELo COUNTY C0 f m BflItlllfi'|fi Hffit{+illFltt{ l] [ Iletr.nl! ?!c:r2 -trlttr tlrlll,I ilr Jrt EtLrl-! ct 6 l- Fcr:tl.D h Frit.I nF!EL! Gt'fTt in srATE OFCOLoRADO ) )er Couoty of CarEcH ) o Ar a regular mcaiqg of tba Borrd of Co:nty ConslitsioDErs for Orfield County, Colorado, hald in thc Commisdoaecs' Mecting Room, Grrficld Cornty Corrthoucc, in Glcnwood Springo ou, Mondry, rbc fl day of July .dD. 2W , atrte rclt PtttcoE LErrlvlcCown , 'Tii.l IrlilGl C-ommi ssi onctr Chairnan Commleeionor C-ommieaioncr C.rrohn Dehlrrrpn - , County Attdnoy Ocrk of thcBoard Ed Grcoo (Abfcot) - , ConryMauger Whn thc folto*ing pr*ccdings, amffig otbcrs wcrc hal rod donc, to-wit: BESOLUTION I{O. 2o0 7-6.4- A RESOLUTION COHCERNE) WIM MIE APPBOVAI OT A PRELIITdINARY PLAN F1OR A SD( L(lr SIIBDTVISION rNOWN AS "CREm SIDE ESTATES', AIIII) PROPER.TY OWNED Bf MARK SILIA GAREIELD COUNIT PARCELNO{2t27193@353 WEEREAS, rhcBoardofCotrncyCommissioocrs ofGarficld Cou[rY, Col*zdo,rccairada Prg,liniorry Plan ryplicatoo froE Mart Sills to srbdivide a 15.37-acre $Scrty into 6 asidcotial lurs and which propcrty'Is locaEd in e ponioa of Scction 19, Towoship 5 South, Range 92 Wcst of the Sixth P-It4. Garficld Co:uy and WEEREAS. tho mbjcctproperty is locarcd is tbe ARRD Zone Distric{: and WEEIIEAS, on April Ll,?Nl tbc ffiield County Plamitrg aad Zoning Comnrisrioa forwrrded rrecommcodatiqr of approvel withcodfuir:as o OeBoarrd of Curnty Connnissioncr: for tbe kcliniaaryPlan; ad WHEIIEA.S, on July 9, 2007, thc Bord of Couoty Commissionds opooed apublic bearing upoo the questioo of whethcr thc Prcliruinery Pho sbuld be grantcd, gruuted with @nditions" or dcnied u which hcring thc publc aud intcrcstcd poraots wcre givcn the o,Pporamiry n cxprcss lbcir opinioos rcgrrding thc icsuunce of said Prcliminary PIan; and VfmRlEAS, tbc Boerd of County Counissioncru closcd l,bc public bariag oa Iuly 9, 2fi7 t EXHIETTA ?[SJ$Hf*"Hl[lI,jH:::EHil*t]rrr o aptnilfliluffiffrtminffim ril iFlH*,{ffiut,!5rHil,* oqr'r co to suka afinal dccisiou; aad WHBBEAS, thc Bo[d of CouDty COngdssioDcls on tbc basis of substaadal coEP€tctrt eri<teu"c proarr"ca U tt "loti*otioncaicarlu$ h,s urlc thc following determlnstion of factn: I'Thelprorpcrnolicc*asprovidcdrureQuired.b},tarr,futhehcoringlbclorcthcpf.-irg';Zrnng C.,i-issiur and bcfore theBoard of Couoq'Coostissiorre , 2. Thrt thc prbtic hcrringr bcforc tbe Ploning snd zonifl8 co_6lDi3sio,l Td d,- ry$ oro,n,ycomnioaimrrpqocxEorivEandcomohtc;rllpcrtincnrfacg'qPrs -jir,o t,.* submittrd; and hat rll iacre*cd padcs worc hard u tbosc berringt. 3. Tb ryplic*ion ir in compliance with the stondatds sa forth ia Seaion 4:00 of the G.il'd cormty subdivislur Regnlrioos of 19&4, as amendcd. 4. Thrtbproporcdsubdivirioaoflrrdirincorryliancawihthcrccomncndrtionsset fr.,h t, rtc bnprousrvc pbn lor rba udrrcorporard arcas of 6c counry. S.Thcpopcoasrbdivisioof]andcooformstoElQGsfieldCluuryTanb;g Rc*rolutirn of 1978, rr anrndcil E. Ths P'oporcd u*c is in thc bcst iocrcst of the hcaltt, saftty, muals, coorreiicocc, - ordi. pi*poity 'oa wclferc of tba citizcos of Garficld County' NOW, TEEnmlF. BEITIESOLI'ED bytte Boar' of !o9V Comqrssioren of Gnrfidd cCIrni, crlorado. s'd ba6cd on &tsrmiuaioo of frcts sct foltl aborrc' thc Frclininary PIan reqrrci is aprovtd witb ahc folloving coditions: L Ther a1 rc{6psctrratioDs mede by tta Apticrtrt iD tbe eptication and rs tastimony ia *n publlc hcainpbcforotbPlalring AZoning:Comisim auagoad of Cor:nty Coramissioncrs shell bo coaditiorfs iirfnror"t, irt"ts sdifrc"gy atrsrea by the Bor<t of Corrrry Cmnissioocrs' Access rd Inttrnsl Boads 2. According to thc Colorrdo DePartment of Trmsputatioa (CDOT), lbet€ are sitc disonce issucs with tharosess to 6"prop*d CrGcESidc Dcvshtrlcut ThcAppticautshall ohain aNoticcto' Procecd to wmk within the CDOT right+f'wuy prric to End plal. 3. RiSt of wnl dedicalim shull bc d rhe tilDe of finqt pluting usiog thc stadrd &dicaion certifrcutc languagr as sct forby fficld Couuty. Pqnd 1 nll ilftl'llllE,.lilulll,t${,1{{'Ul+!!ill ltlillil4'lll'l ll lll [{f"#[flli dtJf#DJ'il'1i?;5 t &F t ELo co'|J"rrY co ril nllil#lll,lrt lt]r l*tltf$il llllit t il triffifilffirL,H,ilf lit,a-e cilrrr co O 4. The poud shrll bc utilizcd in lccordencc wift 6c Ruling of thc Rcftrcc" CaEc Nudcr MC$t99: limitd ro a 15,000 gdl6n cqacity; a 12 to 18 indr d4th and bc cnnsrqccd wi& gr0dinB oot to oxcced r slope of4 to l. Theipplicrnt sbellircIudctanCuaryto-ddrcss tbcmaintcneaceof this pooJ ir"frai,rg wccdtn1aatmiltt and. wrtcrcirculation in thc Cnvcnants prior to signing of ttl Fiaal Ple'. FirchotetsoS 5. Tha 35,000 grlloo firc porcctioa tant ilall bc amnrucrd rnd Eaintainod iD accordo,ca with all requirematts sct frlh by thc Riflo Fir" kotcctio DistricL \ildlrpds 6. Thc Applicant shall incolponrc the rcoonrmmdeliom cootaincd in ttrc "$rctlrnd Rcstorrtion Han'ftpared by Bcacb Euvfuoorncnrl, u.lC cootai$cd h thc Appiication' RcveSlctotiol rrd Mosouio Contol 7. Thc Agplicurr sbell provide a 3ccrity fc rcvagentiou in thc amounl 34250 t6 covcr the "ctimalcd l.? acres to tr dhorbcd prior o cigrrittt of ttro Frnal Plar Thc obligatbffi'of said sccurity sbrll be lncorpcaad iuo thc Subdivirirn Imfuvcuents Agrccmenu The sccrrity shall Uc mU Uy Ougcld County uaril rc3ctatior bar boca succtrrftrlty rccstabli^shed accoding to tbc Rcclamatiou Steududs i-o tlp Grrficld County Vegartim ldalagcocot Plen- 8. The Applioenr *hrll submir a Mosquiro C.ouuol Plu fcrr Sitls Pond No. 1' Thir plal sbdl be rcviavri md approwd by thc GarriaH Couaty Vcg*atiou Managiemeat Prior to appovol of rhc Frnal PlaL Soils / Oegtcr:hnfrnl Issues 9. Thc ,{pplicant shrll iocorporarc tbe rcconncodatioas coutai.ed in thc '?rclirainry GcoUciiical Study''prtpmcaUy HP C'cotcch coanincd in thc Aprplication iuto the csvGnarts. Drainage 10. The covcEeaE and final pl* shall bc updatcd m allou, storo &rina3e ootrveJtrDoc along all propcrty lioes. Irxlivi dugl Scq,8rc Disoosai Svttcol l l. The Appticant shall inmrporarc thc rccomracudatios cmtaiucd in the "Croek Sids EsEtcs Iadivi<fud Sewage Di3postl Slatem" rcPort prcPared by HP Chotech contaiocd in thc 3 rlll H{.lt[liu,]111$,1*lltttt,ljilltililll'llrt[llld ll lll o-{ffif l.{'?litif :3?h,i:'F.:13:aa'snRFrELDcouNryco I n triliruff' fi l{fr?*{tfilJ+1tfr Il I I ffr{fii:Sf'uf3,tlf l*ra.o cilil?Y co' ' APPlicruon. 12;ThcAppticrotthatl&liuemo,rrthefiaalpll-.dupdatcthccovaDatrlsloltguircaSGlrnt sctbrck fo, Utop *i"* fa dl Irdividurl scrrgi oLsPcal Sprcms (EDS) forlcs 26' Inigetim 13. Tbe Cot c8r!.ts shdl bc up&red ro Iimit cach dwcllhg unit to {85 squerc fect of irrigarcd land csch. Eescrncnts 14. Thc Applicail 9'iU DcEd O dalhcac and @Xy dclcribc {1 caryqcots-on thc linal plat and ".roj iU easernentr rlrown on &e pl* to thc Ho(DoqmEm Assoddon. This dctticadon nceds to bc il r foru accopOblc b tbc Coltot, Att@y{ O&o a3d hansfs shall occur 8t rh doe of ..cording thc linal ila. Tbcsc cascmcnu lhdl includc, btrt are not limited to alJ oosoocns of rc€o1q itUty."*oore dninrp crmtl rhltd untcr sytlcm'ersemenB (domeecic rrclls ud wncr storagc trnk), gorm-r,Cr dninagectf@uE, ard all intcrnal rOadS (which will be dcdicalcd to trrprltic m tbc ftcc of 6e fudPtd) rcquircd bs apon of this dcvelopmant lmoslhcs 15. Thcrpplicanrsshall matc ecarbpaymcnt irlieu ofschoot land riedicrtion of 3200 pcrlot a thc time of frnel plat Corcnans 16. Upde tbc hotcsivc CovlomtE b Eohibit AcctssuyDwcti:ng Units' 17. Updatc tbc p1orccril&.Co6re6 b rcstrict6r 1umbcrof dogsper dwellingunit toone (1) a3 is rcquird by ffiEId Comty Rcgulriure. Plat Notcs lg. A ptat Dtr shrlt bc Flacd on thc frnal ptat statingl -To minigpte_firc baznds. cacb lol owrcr sUiU io*rpo.rr.; ,ni n"irt.in e ddtosibb rlildfire ronc er set forrh in tb tolorado Stuc Forcst Scrvice hrbtication 6.3U2' 19, A plat rore shalt tc plrccd on thc final plat staing: "Erch dwclling unit is limilod to 485 squarc feet of inigand land crh." 2O. A ple ooa shatl be placed on th fiBel plat sraring 'No acccssr5r durclling noits arc PerEdEed 4 ?U",$ii{#,dH'H:HlH;[:::5,T:*+rrilr ACKNOWLEDGMENToFSATISFACTIONANDDIRECTIoNToTREASURER'" -^ ^"T'iEASunBR's DEPosrr AGREEMENT Re,citals l.QleekSideEstatesSubdivision4lvlalLSills,entere{inloa200TGarfteldCounty Treasurer,s Deposit Agreement *ithE g;tof Co*, Commlsslgers of Garfield County' Colorado (.BOCC") and the Treafluetoi C*n"ta County, Colorado ('Treaswer") dated January 21,200g *a r"rora"d as Receprio*N**U., 74t6g0"ith" ReaL Estate Records of the Garfield County Clerk and Recorder ( "Deposit Agreement")' Acknowledgment NowTHEREFORE,attherequest.ofCreekS.ideEstaJesSubdivision and in consideration of the premises and ihe prior ug".*;tt ;ntained in the Deposit Agreement and the SIA, the BOCC hereby: t.aclrnowledgesfullsatisfactionofthesecurityrequirementsoftheSlA; 2, authorizes disbursement of funds from the Treasurer's Account in the amount of $3'178'00' resulting 3. authorizes and directs the Treasurer to release the funds held in the Treasurer's Account to Mark Sills, * '"ir'"tized representative of Crepk Side Estates in a remaining balance of $ -0-; BOARD OF COMMISSIONERS , COLORADO Subdivision. ATTEST:OF By: to the Board Date: Mv Eiles/PLAN/2o09 FoRMs/2009 TDA ACKNoWLEDGMENT oF satisfaction Upa.t.d - 03/09 J I I AJ'4.4r,,t/UJ-\- *rl