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HomeMy WebLinkAbout1.0 ApplicationSUBDIVISION IMPROYEMENTS AGREEMENT Clinetop Ranch Subdivision This agreement is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO (the "county") and Ralph D. and Connie V. Hubbetl and the R.D. & C.V. Hubbell Family LLLP ("owners"), WITNESSETH: A. Owner is the owner and developer of certain real property located in Garfield County, Colorado, and known as Clinetop Ranch Subdivision (Clinetop Ranch), which real property is more particularly described in Exhibit "A" attached. B. Preliminary PIat approval for Clinetop Ranch Subdivision was obtained under the terms and conditions set forth in County Resolution No' 98-65' C. Owner has submitted to the County for its approval, final documents and a Final PIat for Clinetop Ranch Subdivision (the "final plat documents"), and has agreed to complete certain subdivision improvements with respect to the development, all as more particularly as hereinafter set forth' D. This Agreement constitutes the Subdivision Improvements Agreement (the "SIA') required and intended to secure the faithful construction and installation of the subdivision improvements required as a condition to Final PLat approval. NOW., THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. Final Plat Apploval. The County hereby accepts and approves the Final Plat of Clinetop Ranch Subdivision, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the Preliminary Plat approval and the requirements of the Garfield County Zonrng and Subdivision Regulations. 2. Owner's Performance. Owner has constructed and installed, or shall cause to be constructed and installed at its own expense, those subdivision improvements related to Clinetop Ranch Subdivision which are reguired to be constructed by Resolution No. 98-65, this Agreement, the Find Plat and the Garfield County Zonngand Subdivision Regulations. The estimated cost of completion of the subdivision improvements related to Clinetop Ranch Subdivision is as set forth and certilied by a licensed engineer on Exhibit *B" attached. Such improvements shall be completed on or before December 31, 1999 (the "completion date"). Additionally, the Owner shall comply with the following: c a. The final plat documents submitted prior to or at the time of Final Plat approval. (Such documents are incorporated herein by reference and made a part of this Agreement); b. All requirements of Resolution No. 98-65, and all requirements of the Garfield County zontng Code and Garfield County Subdivision Regulations, as they relate to Clinetop Ranch Subdivision; AII laws, regulations, orders and resolutions of Garfield County and affected special districts, as the same apply to Clinetop Ranch Subdivision; d. All designs, maps, specifications, sketches, and other materials submitted to and approved by *y of the above-stated governmental entities; and e. The improvements to be constructed by Owner shall include, but are not limited to, the following: electrical service to both lots; water wells in place; dry hydrant installed in pond; road in place with emergency vehicle turnaround. The County agrees that if all improvements are installed in accordance with the foregoing provisions of this paragraph and the as-built drawings to be submitted upon completion of the improvements, the Owner shall be deemed to have satisfied all of the terms and conditions of the Zontng and Subdivision Regulations of Carfield County, Colorado. 3. Security for fnoprovements. a.Letter of Credit. On or before the date of recording of the Final Plat for Clinetop Ranch Subdivision with the Garfield County Clerk and Recorder, the Owner shall deliver a Letter of Credit in a form acceptable to the County in the amount of Twenty-One Thousand Two Hundred Sixty-Two dollars ($2L,262), which is the estimated cost of completion of the subdivision improvements related to the subdivision as set forth and certified by a licensed engineer on Exhibit "B" attached. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date. If the time set forth herein for completion of the improvements is extended by written agreement between the Owner and the County, the Letter of Credit shall be similarly e:rtended. Additionally, should the Letter of Credit become void or unenforceable for any reason, or should the costs of completion exceed the estimate, Owner l ii. iii. iv. b shall nevertheless remain personally responsible for the completion of the subdivision improvements and shall promptly provide a replacement Letter of Credit from another state or national banking institution or otherwise provide alternative security acceptable to the County. Partial Release of Letter of Credit. The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements must be submitted by a licensed or registered engineer. Such certification shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all final plat documents, and shall be stamped upon as-built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (I) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines; and (II) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shdl furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which are certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identffied as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner d within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. c.Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. Recording of Final Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. Indemnity. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements reguired pursuant to this Agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue, and 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 County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indernnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 5. SaIe of Lots. No lots within the proposed subdivision that is the subject of this Agreement shall be conveyed prior to the recording of the Final Plat. 6. Enforcement. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. 7. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 8. RecordinE. Upon execution and authorization by the County, the Owner shall record this Agreement with the Office of the Clerk and Recorder for Garfield County, Colorado. 9. Yenue and Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. lO.Amendment. The parties hereto mutually atree that this Agreement may be amended from time to time, provided such Amendment is in writing and signed by the parties hereto. 11. Notice. All notices required herein shall be tendered by personal service or certilied mail upon the following indiyiduals or agents of the parties to this Agreement. Board of County Commissioners of Garfield County C/o Mark Bean, Planning Director 109 8'h Sreet, Ste. 303 Glenwood Springs, CO 81601 Ralph D. & Connie Y. Hubbell and the R.D. & C.V. Hubbell Family LLLP 12431Highway 82 Carbondale, CO 81623 Dated this ,/day of t999. Ralph D. & Connie Y. Hubbell and the R.D. & C.V. Hubbell F y LLLP Ralph D. Hubbell Board of County Commissioners of Garfield County, Colorado Chairman Attest Clerk to the Board By r Connie V. Hubbell 493?65 8-979 P-945 05/31/96 O2:0OP PG 2 OF 2 I trectr of lrnC brlng I port{oa ot EemcrE.td Entry Survey lfo. 30, touurhip I touBh. Barlgc tt tlcrt o! thc ol,h D,tt. bclng rr;oro prrBlanltrl), ducrlbrd rl lollouar lcEtnirlng.E L puuB on tlrr rnrt llnr of trld f,.E.S. tlo. 3l frea uhaac. Cornlr xo. a ol nl,d trl.E.g' No. rB bcarg 8. 03 degrcer t2'a1r E. l870.al lectl tlrenca X. ?! &grcot {2'0!'.3. 1055.00 laot to EhG eesc llnc o.l .lid I.8.9. fo. ltl tlrncc eloag rrld euts llD. l. ll drgraar 3l'00i E. 1{t0.53 tcccr thcnec daprrrtns 1116 cmt llnr t. ?t tltgrraa 0t'52r lf. 532.02 trec EO r Dolot 6 thr ccottctlu of xela itl3 craekl tbcnec rloag artd cragrrllDC l. il d.gErtar 32'atr t. ta.ta lcrEl Clrraca I. t, dagrcu l?'lt' l. aa.a3 troE, Shenoc I. !a dlgrrtcr O?'lCr 3. ?t.la tmtl tbroor I. ll dats.aa ao'tar t. 71.10 graB, tb.Dc. f,. 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Box 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 PHONE: (970) 945-2550 FAX: (970) 94s"1410 Board of County Commissioners Garfield County Colorado Glenwood Springs, Colorado 81601 l8 August 1999 Re: Improvements on the Clinetop Ranch Subdivision Gentlemen: This is to certifu that the improvements shown on the plans of the Clinetop Ranch subdivision, including the access road, wells, dry fire hydrant and pond have been completed in accordance with the plans except that the access road was constructed by placing pit run gravel in thickness of 6 to 10 inches on the graded sub grade instead of constructing the road side ditches as illustrated in the road section on sheet 2 of the drawings. It is my opinion that the road as it is constn-rcted is satisfactory and drainage w-ill nr:t be a problem due to the character of the adjacent topography and vegetation .l A OF n l243ltltghway 82 Carbondale, CO 81623 Home Phone 97 0-963 -27 05 Em oi I hu b b e I I (@;of . ne t August 26,1999 CLINETOP RANCH SUBDIVISION CONSTRUCTION COST FOR PUBLIC IMPROVEMENTS ELECTRIC SERVICE AS INSTALLED BY PUBLIC SERVICE CO. WELLS AT BOTH LOTS AS INSTALLED BY SHELTON DRILLING (see item IV.B. in Preliminary Plan Review) DRYTIYDRANT AS INSTALLED INPOND.. ROAD-INSTALLED WITH 80' TURN.AROLIND FOR EMERGENCY VEHICLES TOTAL COST FORIMPROVEMENTS AS INSTALLED.. $10,262.00 SEWER SERVICE WILL BE PROVIDED BY I.S.D.S. SATISFACTORY PERC TESTS WERE PROVIDED WITH PRELIMINARY PLAT FILING. RALPHD. HUBBELL 5,000.00 1,000.00 5.000.00 $21,262.00