HomeMy WebLinkAbout2.0 BOCC Staff Report 09.21.2015Board of County Commissioners, September 21 ,2015 Continued f rom September 8, 2015
Exhibits - Ironbridge Phase !!1, Filing 1
Exhibi!
Letter'
(A to Z)
Exhibit
A Garfield County 2013 Land Use and Development Code, as amended
B Application
C Staff Report
D Staff Presentation
E Letter dated August 13, 2015 from Mike Prehm, Road & Bridge
F Letter dated August 13,2Ol5 from Bill Gavette, Carbondale FPD
G Letter dated August 14,2OI5 from Chris Hale, Mountain Cross Engineering
H Memo dated August 18, 2015 from Scott Aibner, County Surveyor
I Letter dated August 21,2015 from Steve Anthony, Vegetation Management
J Letter dated August 26,2015 from SGM Engineering on behalf of the Roaring Fork
Water and Sanitation District
K Letter dated August 17 ,2015 from Karl Hanlon re: road impact fees
L Letter dated August27,2Ol5, with attachments from Karl Hanlon, Karp Neu Hanlon
M Letter dated September 4,2015 from KT Gazunis, Garfield County Housing
Authority
N Applicant Presentation September 8, 2Ol5
o Revised draft documents, dated September 9,2015 including Improvements Agreemer
Affordable Housing Agreement and Revegetation Treasurer's Deposit Agreement
P Emails dated September 10 and ll,2Ol5 from Katherine Gazunis, Director GCHA
o Email dated September II,2015 from Steve Anthony, Vegetation Management
R Staff comments dated September lI,2015 re: revised draft documents
S
Second revised Final Documents for BOCC received September I4,2OL5 including
the Improvements Agreement, Escrow Agreement, Treasurer's Deposit Agreement
for Revegetation, Affordable Housing Agreement, and Declaration of Deed
Restrictions for Affordable Housine Unit
T Staff Report Update to the Board, dated September 2l,2Ol5
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lc Board of County Commissloners
September 8,2015
KE
BEOUEST
APPLICANT / OWNER
REPRESENTATIVE
ENGINEEH
LOCATION
PROPERW SIZE
WATEH|/SEWER
ACCESS
EXISTING ZONING
Final Platfor lronbridge Phase lll, Filing 1
Blue Heron Properties, LLC
Karl Hanlon, Karp Neu and Hanlon
Matt Langhorst, High Country Engineering
South of Glenwood Springs on the east side of CB
109, north of the exlstlng lronbridge community
45.289-acres
Roaring Fork Water and Sanitation District
CR 109 (Hardwick Bridge Road)
Planned Unit Development (PUD)
The owners, Blue Heron Properties, LLC request approval of a final plat for lronbridge Phase lll.
The Phase lll area is proposed to be platted in two filings, the first ol which consists of a 45.289-
acre property to contain 35 single family lots, common area and right-of-way on 26.23-acres. The
remaining 19.059-acres and 26 lots will be further subdivided in the future as Filing 2.
A. Property Descriptlon: lronbrldge is located south of Glenwood Springs between CR 109
and the Hoaring Fork Fliver, bounded on
the north by Westbank and on the south
by Teller Springs. Phase lll, Fillng 1 is
located at the northern end of the
subdivision.
B. History: The lronbridge
subdivislon consists of 4i!8.4-acres
zoned Planned Unit Development (PUD)
whlch permlts a golf course and related
recreational activities as well single
family residential lots. The zoning and
odginal subdivlslon was approved as
Rose Ranch ln 1998 and was
subsequently renamed lronbridge in
2005. The Preliminary Plan for Phase lll
was approved in 2008 and numerous
extensions have been approved with the
current expiration date of July 1, 2016.
This date noles the timeframe for
submittalof the second liling of Phase !l!.
Frlog I, Phrs.IU
t - trortriaC. Subdirirba rEd PID =
llFage
lronbridge Phase lll, Filing 1 Finalplat
Board of County Commissionerc
September 8,2015
Submittal documentation for this review includes:
1. FinalPlat;
2. Construction Plans;
3. lmprovements Agreement including exhlblts for cost estimates, security escrow agreement,
affordable housing agreement, road impact fee catculations;
4. Determlnation of school impact fees.
The Final Plat is the final stage ol the subdivision process and involves completing all of the legal
documents required to divide the property and, once complete, allows for individual sale and
ownership ol the lots. Public improvements are linalized with the creation of construction plans,
cost estimates and the provislon of collateralto assure the completion ol hese lmprovements.
The criterla for the final plat review is primarily related to compliance with the Preliminary Plan and
conditions of approval ol that plan.
received are briefly mentloned below or are more comprehensively incorporated within the
appropriate section of the staff report. Comment letters are atlached and labeled as noted.
Garlield County Road & Bridge, Exhibit E: Mike Prehm has responded that the
acceleration/deceleration lane striping be refreshed and conlirm that proper slgnage has or
will be installed per the MUTCD. Tracking of mud and dirt onto CR 109 shall be
immedlately cleaned.
Vegetatlon Management, Exhibit l: Steve Anthony requlres submittal ol a weed
managoment plan that includes a map, a weed inventory and as appropriate management
strategies and timeframe for treatrnent. Mr. Anthony ldentified tamarisk on vacant lots and
in common open space areas. lt was suggested to add language to the covenants
itemizing owner responsibilitles for weed management.
Mountiain Cross Engineering, Exhiblt G: Chris Hale responded that proposed public
improvement costs appears to be low and should be revlsed, and that slopes lor the
culverts on the west outfallappear to be very flat.
4. Carbondale and Flural Fire Protection District, Exhibit F: Bill Gavette responded that the
access is adequate for emergency vehlclds, .the water supply appears to be adequate for
lirefighting and that impact fees in the amount of $25,550.00 be required prlor to the
recording of the final plat.
Gounty Surveyor, Exhibit H: Scott Aibner identilied 5 items that needed to be amended on
the proposed plat in order to comply with state requirementrs for platting.
Roaring Fork Water and Sanitation District (RFWSD), Exhibit J: SGM Engineering
responded on behalf of the District lhat water and sewer mainlines area required to be
extended to the properg boundaries, the lift station road needs to be paved, meter pits are
not allowed for potable use, and the cost estimates for water and sewer need to be revised
to reflect current market prices.
Garfield County Housing Authority: The Authority is currently reviewing he most recent
documentation provided and comments will be available at the September 8,2015 Board of
County Gommissioners meeting.
No response was received from the following agencies:
t.
2.
5.
6.
7.
Colorado Parks and Wildlife
City of Glenwood Spilngs
RE-l SchoolDistrict
XcelEnergy
Holy Cross Energy
KN Energy
Staff referred the applicatlon to the lollowing agencies for their review and comment. Gomments
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lronbridge Phase lll, Filing 1 Final plat
Board ol County Commlssioners
September 8, 2015
Plan was approved in 2008 by Hesolution 2008-42. That resolution
1 All representations of the Applicant, either withln the application or stated at the hearing
before the Board of County Commissioners, shall be considered conditions of approval
unless otheruise modified by the Commission;
A geotechnical engineer shall be retained to inspect and evaluate all raw grading
surfaces, cut slopes, ditches, and any other excavations before covered with structura!
fill, topsoil, erosion blankets, foundation elements, etc., in order to insure, as best as
possible, that visible ground and soil conditions that may indicate local ground
subsldence will be discovered and addressed;
Site-specific foundation investigations shal! be conducted lor the individualsites;
The Applicant shall dlsclose the potential risks to all future purchasers conceming
potential setllement from collapslble soils and risk of spontaneous ground openings
related to evaporite karst phenomena;
Prior to submittal of the Final Plat Application the Applicant shal! demonstrate
compliance with the Approved Affordable Housing Escrow Agreement.
Drainage shall be added as a use of the side, rear, and front easements on the plat;
Outlet protecffon shallbe added to the drain system;
Erosion Control Blankets shal! be called out on the steeper slopes;
The applicant shallplace the following plat notes on the final plat:
a) "Colorado is a 'Right-toFarm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sigilO
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect ol living ln a County with a strong rural character and a healthy
ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust,
smoke chemicals, machinery on public roads, livestock on public roads, storage
and disposal of manure, and the application by spnying or otherwise of chemlcal
fefiilizers, soil amendments, herbicides, and pesticides, any one or more of whiclt
may naturally occur as a part of a legal and non-negligent agdcultunl operations."
b) "Na open hearth solid-tuel fireplaces will be allowed anyvvhere within the
subdivision. One (l) new solid-tuel buming stove as defined by C.R.S. 25-7401,
et. seq., and the regulations promulgated thereunder, will be allowed in any dtrclling
unit. All dwelling units will be allowed an unrestricted number of natural gas buming
stoves and a4iances."
c) 'Nl owners of land, whether ranch or residence, have obligations under State law
and County regulations with regard to the maintenance of fences and irrigation
ditches, controlling weeds, keeping livestock and pets under nntrol, using property
in accordance with zoning, and other aspects of using and maintaining property.
Resldents and landowners are encouraged to leam about these ights and
responsibilities and ad as good neighbors and citizens of the County. A good
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includes the lollowing conditions of approval:
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lronbridge Phase lll, Filing 1 Finalplat
Board of County Comrnlssloners
September 8,2015
intrMuctory source tor such information is "A Gulde to Rural Living & Small Scale
Agiculture' put out by the Colondo State University Extension Otlice in Gartied
County."
d) "All erterior lighting will be the minimum amount nece'ssery and all exleior lighting
will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the
propefty boundaries."
e) "One (1) dog will be allowed for each residential unit and the dog shallbe required
to be confined within the ownefs propefi boundaies."
0 "There are potential nbks concaming settlement from collapsible soils and rtsk of
spontaneous ground openings related to evaportte karst phenomena.
10. The Applicant shall provlde statf with a copy of the CDPHE Construction Stormwater
Permit (or permlt amendment) within 60 days of Preliminary Plan approval;
1 1. The Applicant shall provide a copy of the Conslruction Permit from CDPHE Air Pollutlon
Control Division (or a letter from CDPHE Air Pollution Control Division stating that such
a permit is not required) within 60 days of Preliminary Plan approval;
12. Construction on Lot24 is limited to single story development and shall be constructed
in compliance wlth the revised Visua! lmpact Study completed by Norris Design, dated
May 2nd, 2007.
Staff Comment: The Appticant appears to have satisfied these conditions of approval.
A request to final plat lots is subject to Sections 5-301 D., *402 E. and 5-402 F. of the LUDC:
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D. Final Plan/Plat Review.1. Overview. The Applicant must receive Preliminary Plan approval before
requesting a Final Plar/Plat.
2. Review Process. Applications for Final Plan/Plat shall be processed
according to Table 5-103.
3. Review Criterla. An application for Final Plan/Plat shall meet the lollowing
criteria:
a. Comply with allconditions of Preliminary Plan approval;
Staff Comment: As stated above, the conditions of Preliminary Plan appear
to have been satlsfied.
Comply with the Final Plan required in section 5402,E. and the Final
Plat in section 5-402.F.;
.11*1
-f-:iS
Staff Commen[ See betow for these requirements.
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lronbridge Phase lll, Filing 1 Final plat
Board of Gounty Commissioners
September 8,2015
c. All taxes applicable to the Iand have been paid, as certified by the
County Treasurer.
Slaff Comment: The plat mylar is required to be signed by the Treasurer
who will certify that alltaxes have been paid.
5-402, pESCRlPfl9N OF SUBMTTTAL REOUTREMENTS.
E. Final Plan Map.
Final Plan Maps shallinclude the following information and supplementalmaterials:
1. All information as required in the Preliminary Plan Map; and
2. Any modifications, additions or deletions as required by the BOCC.
Staff Cornment: This criteria appeafti to have been satisfied.
F. Final Plat.
Final Plat shall be of an engineer's scale. Final Plat shall be prepared in a clear and legible
manner on reproducible film slock measuring 24 inch by 36 inch with clear margins ol 2
inches on the left-hand side and lz inch on the remaining sides. The Final Plat shall
conlain the lollowing inlormation, as well as any additional information as required by the
Director and/or BOCC, in a format prescribed by the County:
1. Name and address ol the property owner(s) and mineral owner(s) of record
of the land being platted.
2. Name, address, and seal ol the certifying registered land surveyor preparing
the Final Plat.
3. Legal description and area of the property.
4. Vicinity Map.
5. Location and fufl description of all monuments as required by this Code and
by C.R.S., Title 38, Article 51:
a. Permanent monuments shall be set on the exlernal boundary of the
Subdivision pursuant to C.R.S. $ 38-51-101;
b. Block and lot monuments shall be set pursuant to C.B.S. $ 38-51-
101; and
c. lnformation adequate to locate all monuments shall be noted on the
plat.
E. Boundary lines, corner pins, and dimensions of the subject parcel(s),
including land survey data to identify the subject parcel by section corners,
distance and bearing to these corners, quarter corner, township, and range.
7- The lengths of all arcs, radiiand tangents. Sufficient data shall be shown for
all curved lines on the Plat to enable reestablishrnent of the curves in the
field.
S. Lot location and layout:
a. All lots and blocks shallbe numbered consecutively; and
b. The dimensions of al! lots and the area of each lot shown to 2
decimalplaces.g. Name, location, and width of rights-of-way, including those intersecling or
5ll'ir5,
lronbridge Phase lll, Filing 1 Finalplat
Board ol County Commissioners
September 8, 2015
paralleling the Plat boundades within 200 feet.
10. Name and map number of any bordering Subdivisions within 200 feet of the
boundaries of the Plat.
11. Municipal limlts wlthln 200 feet of the boundaries of the Plat.
12. Location, width, pulpose, and owners of all easements. A Plat note may be
necessary to provide complete lnformation regarding the purpose of the
easement. Maintenance easements shall be provided for ditches as
required in section 7-201.E.3,
13. Location, area, and means of access ol all property to be reserued and/or
dedicated, with the means of access to such propefi clearly shown and its
intended uses noted.
14. A legally acceptable land description and dedication block placed on the Plat
by the Applicant dedicating streets, rightsof-way, public sites, and other
such features. The transfer to the County of dedicated land shall take place
by a legally acceptable instrument prior to or concurrent wlth Final Plat
acceptance, but before recording of the Final Plat.
15. All lands within the boundary of the Subdivision shall be accounted for as a
lot, tract, parcel, Open Space, streel, right-of-way, Alley, and so forth, and all
areas of such lands shall be shown on the plat to the nearest 100rh of an
acre.
16. Any protective covenants/restrictions shall be noted on the Plat or, lf
protective covenantsi/restrictions are recorded, the book and page of these
recorded documents shall be shown on the Plat prior to the Plat belng
recorded.
17- All required Plat notes, exemptions, @ntracts, and any additional notes,
Building Envelopes or olher inlormation as required by the County.
18. Executed certilicates, notices, and statements, as requlred by the County
S-taff Comment The County Surueyor reviewed the plat, Exhibit H, and required
some conections, however the mylar has not yet been submitted, it is this
document that would show the corrections to the plat. Staff recommends a
condition of approval that changes to the plat comply with the requirements of the
County Surveyor.
1. Weed Management - The Appllcant has submitted a weed inventory and management
plan as requested by Vegetation Management in Exhibit l, however Steve Anthony has not
had the opportunlty to provide comment on the information due to the date of submlttalof
this information. A condition of approval is recommended regarding the acceptance of this
plan by Vegetation Management as sutficient, as well as submittal of a Treasure's Deposlt
Agreement and revegetation bond in the amount of $30,000.00.
2. The lronbridge development ls requlred to provide atlordable housing lor 10"/" of the units
constructed wlthin the development. Currently construction ol Phases I and ll have
resutted in on-slte construction of twenty-four (241affordable units. The lronbridge Phase
lll Prellminary Plan is approved lor 61 units, therefore the Applicants have designated slx
(6) aflordable lots within Phase lll, Filing 1 as those lots that will be used for the
construction units to be administered by the, Garfield County Housing Authority. An
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lronbridge Phase tll, Filing 1 Final plat
Board of County Commissioners
September 8, 2015
Atfordable Housing Agreement has been submitted which itemizes the timing and schedule
for construction of these units. This document is a part of the lmprovements Agreement
that will be signed by the Board of County Commissioners. Staff is currently awaiting
review comments from the Garfield County Housing Authority on this docurnentation and
recommends a condition of approval that the Affordable Housing Agreement meet the
requirements of the housing authority-
An lmprovements Agreement is required to determine the necessary public improvements
to serue the subdivision which typically include roads as well as utilities such electric, gas,
water and sanitation. The Board of County Commissioners is a party to this agreement.
The lmprovements Agreement is a document that both lists and graphically shows the
improvement via a cost estimate and construction plans. Collateral must be provided to
assure completion of construction of the public improvements. Typically the Board of
Coung Commissioners is the recipient of the collateral, typically in the lorm of a bond or
Letter ol Credit held by the treasurer's office. The Applicant then requests release of the
collateral upon demonstration of completion.
lronbridge has an alternative proposal to the typical scenario as they propose that a Title
Company hold the total dollar amount of the improvements in an Escrow Account.
Disbursement of the funds would occur by request to the Board of County Commissioners
in a public meeting. The County Attorney appears to be comfortable with this seenario and
it has been used on earlier filings in the subdivision. The Board may approve provision of
collateral in alternate lorms pursuant the LUDC.
There are several issues identified by staff that must be adequately addressed prior to
Board signature of any of the related documentation. These issues include referral agency
comments related to the low estimates for the cost to construct these irnprovements, and
County Attorney recommendations to amend the proposed language in the lmprovements
Agreement. Staff recommends a condition of approval that the Applicant revise the cost
estimates based upon comments received, as well as amend the document based upon
Attorney comments.
Road impact fees are required for subdivision developments that gen€rate impacts to
county roads. The ealculation of these fees is required at final plat, however the Applicant
has adequately demonstrated that the road impact fees due for this Filing of Phase lll have
been addressed via construction of road improvements to CR 109. These improvements
were constructed by the Applicant in 2004 for a cost of $561,658.80 which has offset the
current amount due for road impact fees. Karl Hanlon, Applicant's representative, had
provided information related to the road construction in Exhibit K.
School Land Dedication is a requirement ol all divisions of land. A Fee ln-Lieu may be
accepted by the school district instead ol the land dedication as has occurred for
lronbridge. Calculation of that fee is based upon an appraisal of the unimproved land that
would have otherwise been dedicated to the District. The Applicant is required to submit a
check to the Treasurer for RE-I in the amount of $36,785.70 prior to Board signature ol the
finalplat.
lronbridge is required to pay an impact fee to RFTA in the amount ol $750.00 per unit. This
fee is collected at building permit.
5.
6.
?lt'.,rr
lronbridge Phase lll, Filing 1 Flnalplat
Board of Gounty Commlssioners
SePtember 8, 2015
7. The Carbondate and Rural Fire Protection District requires a $730.00 impact fee per unit,
therelore lronbridge ls required to pay the district $25,550.00. Statl recommend a condition
ol approval that the Appllcant demonstrate satisfacUon of this requirement prlor to Board
slgnature of the linal plat and related docurnentation.
The proposed findings are based upon a Staff recommendation of approval of the fina! plat for
filing 1 ol the lronbridge PhasE lll PUD.
1. That the meeting before the Board of County Commlssionerc was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
2. That lor the above stated and other reasons the request for a finalfor Filing 1 of lronbridge
Phase lll is in the best lnterest of the health, safety, convenience, order, prosperlty and
welfare of the citizens of Garfield County.
3. That, subject to compliance with conditions, of approval the application is in general
conformance with Garfield Coun$ Gomprehensive Plan 2030.
4. That, subject to compliance with conditions of approval, the application has met the
requirements of the Garlield County 2013 Land Use and Development Gode, as amended.
1. All representations made by the Appticant in the submittal docurnentiation and publlc
meeting shall be considered conditions of approval unless otherwise determined by the
Board ol Goun$ Commlssioners.
2. The Appticant shall submit and record all required documentation within 90 days of
approvalof the final plat;
Prior to signature of the final plat the Applicant shall submit the following documentation,
acceptable to the County Attomey Office and suitable for recording:
a. An lmprovements Agreement with revised cost estimates for public improvements
based upon Mountain Cross Engineering and Roaring Fork Water and Sanitation
District comments, and revise the document based upon County Attorney comments;
b. Execute and deliver funds for the Escrow Agreement;
Prior to signature of the final plat the Applicant shall submit a Treasurer's Deposlt
Agreement, applicable fees, and revegetation bond in the amount of $30,000.00;
Prior to signature of the final plat the Applicant shall submit a check in the amount of
$36,785.70 made out to the County Treasurer for the REI School District Fee ln-Lleu of
School Land Dedication;
Prior to signature of the final plat the Appllcant shall demonstrate compliance with the
Garbondale and RuralFire Protection District impact fees.
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6.
lronbrldge Phase lll, Filing 1 Flnalplat
Board of County Commissioners
SePtember 8, 2015
Actlons requested of the Board:
1.
2.
3.
Conditionally approve or deny the final plat for lronbridge Phase lll, Filing 1;
Conditionally approve or deny the lmprovements Agreement inctuding the requested
modifications regarding provision of collateral and the proposed Escrow Agreement;
Conditlonally approve ordeny the Treasurefs Deposit Agreement.
Once the linal plat is conditionally approved the Applicant will have 9O-days to satisfy the
conditions of approvat and submit finalized documentation for Gounty Attomey revlew. Once
deerned sutficient the documentation would be scheduled on the Consent Agenda for Board of
County Commissioner signature.
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F,lltlr
Tot
Subr.cts
D.b!
Mkhael PGhm
Kattw A. Eastlev
Imbrtsgc Phec [ tud Pltt
Itrrday, Argust 13,2015 3:21:28 Pttl
hsY,
Thant<s for glvlng me a dlane b revie$r. I rrvould lggommeld tfte De'acceleraUon
and AcaeleraUon hnes on Cotmty Road 109 at the enbance to Phase |ll be refreshed wlth palnt, also
&ecked fur proper dgnage h adordance wl0t th€ ll|antnl on Unlfurm Traffic Control Devle. During
consUuction'ani, faAOng of dirt or mud onto CR 109 be deaned up lmrnedlately.
Mlke Prehm
Garffeld County Road & Brldge
Foreman / Glenureod Distrlct
(970) 94s-1223 Offte
(grc) 945-1318 Fax.
(9rc) 618-71G1cell
August l3,20l5
Iftthy Eastley
Garfield County Building & Planning
108 Eth Strect, Suitc 40t
Glenwood Springs, CO 8ld)l
RE: IronbridgePlll),Phascltr,Fitlngl
GarfreH County trIle Number SFPAt234
Dearlftthy
I have reviewed the application for the proposed lronbridge PIJD, Phase Itr, Fifing l, Final Plat
The application was rcviewed for conrpliance with the Intcrnational Fire Codc (IFQ 2ffi!)
edition, adopted by the County. I would offer the following comnents.
Aeuefs
The proposed acoess for Phase Itr is adequate for cmergency epparaus.
Water Sqpnlhs forFlre kotecdon
The proposed water systcm and fire hydrant layout is adequate.
ImorctFccs
It was noted in Subdivision Improvements Agreement, page 9, item 14, that a fire impact fee of
$25550.00 is requircd. The developer will be rcquired 3o enter into an agreenrent with the Fire
Disria for the paymcnt of dcvelopmcnt impact fecs prior to rtcording the final plar
Please contact me if you have any questions or if I may be of any assistance.
Bill Gavette
Deputy Chief
Cerboodde & Rurel tlre hotecdon Dlctrlct
30MeadowoodDrivc r Caftoudale, CO 81621c97G963-2491 Fax 970-963-0569
FIRE,. EMS. RESCI'E
MOUNTTUN EROSS
ENGINEERING, INE.
Glvll snd Envlronmrntal Conrultlng and Dcrlgn
August 14,2015
Ms. Kathy Eastley
Garfi eld County Planning
108 8th Street" Suite 401
Glenwood Springs, CO 81601
RE: Rwiew of the lronbridge Phase III f inal Plah SFPA 8234
l.
Dear Kathy:
This office has performed a review of the documents provided for the Land Use Change Permil
application for the Ironbridge Phase III Final Plat. The submittal was found to be thorough and
*"tt orgized. This offrce had previously reviewed Ironbridge Phase !!I and provided
commens in a letter dated May 24,2007 which were addressed in these application materials.
The following comments were generated specific to this application materials and the response
to the previous comments:
The "Opinion of Probable Construction Costs'that is to be used for security may not need to
include the improvements associated with sewer and water construction since security for
those may be provided by Roaring Fork Water and Sanitation Disnict. If security is not
provided-by tfri RfWSO, then the estimate should be reviewed by their representative.
The costs provided for the sewer and water system appear to be low based on curent costs
and the proposed depth of construction. The Applicant should review the costs and r€vise as
necessary.
The slopes for the culverts in the "West Outfall" are very flaL The Applicant should review
these slopes to veri$ if the slope could be increased to improve flow velocities.
Feel free to call if you have any questions or comments.
Sincerely,
826 1A Grand Avenue, Glenwood Sprlngs, CO 81 60'l
P: 970.945.5 544 Fz 97O.945.5558 wwur.mountalncross'eng.corn
Garlield Cou@
SURVEYOR
scorrAIBNER, P.L.S
Rodney Kiser - High Country Engineering
Scott Aibner - Garlield County Surveyor
Plat Review - Iron Bridge P.U.D. Phase Three Filing One
08/18/20r 5
To:
From:
SubJect:
Date:
Rodney,
Upon review of the Iron Bridge P.U.D. Phase Three Filing One Plat, I have prepared a list of comments or
corrections to be made prior to approval for survey content and form as follows:
The Key Map on sheet one indicates sheets 3,4 and 5 where it should indicate sheets 4, 5 and 6.
Sheet 2 indicates a 40' ditch easement and a 100' electric easement. What is the third easement that
heads South from the electric easement?
The Phase 3 boundary line where it crosses River Bend Way is missing on sheet 2. Also the Cl6l
label is ambiguous on this sheet. The boundary text is obscured along Lot 28 - sheet 2.
Two line segments are missing labels on sheet 4.
Cl6l on sheet 6 does not match the cunre segment demonshated.
Once these and all final comments liom Community Development have been completed, the Mylar may be
prepared for recording. The Mylar shall be delivered to the Community Development office with all Private
party signatures no later than Monday the week prior to the next commissioner meeting day in order to make
that meeting.
Sincerely,
Scott Aibner
Garfi eld County Surveyor
cc Kath Eastley- Community Development Department
09 8 th Street ,Suite t008. Glenvood Springs, CNl60l . (970)945-1377 . Far: (970)384-346A. e-mail:saihtet@gafield-countycom
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5.
Gaffield County
Vegetatio n llf a u ag en e nt
August2l,2015
Kalhy Eatley
Garlidd County Communlty Development Department
RE: lronbridge Phase lll SFPA{2-1$8234
Daar Kathy,
Thank you for the opportunlly to comment on thls permll
Noxlous Weeds
Map,lnventory, and Plan
Staff requests thai tha appllcanl submit a weed management plan for all Garf,dd Counly llslcd noxlous weeds
and Staie of Colorado listed noxious wseds that are largelBd for statewlde eradlcallon. Thc plan shall lnclude a
map and weed lnventory. Noxlous waeds ttrat may be ln the ercaa@:Abslnth umrmwood (A Stalc llslcd weed),
Canada thlslle, Musk thlsde, Plumeless lhblle, Russlan-olfue, Scolch thlsUe, ard tamarlsk.
Tamarhk has startcd shorving up ln olher seclions of kmbrldge ln vacanl lots and ln common open Eproe areas.
The ureed managemenl plan shall address approprlate manag€ment stralegles and a tlmeftame for treatmenL
Govenants
Noxlous wceds arc nol mentiorrad ln the covenents. Stsff requests specllh larpuage pertalnlng lo County and
Slate llsted noxios wseds lo inform lol omrers that lt ls llreL responslblllty to comply wlth tha Colorado l,loxlous
Weed Acl end the CountyWeed Managamant Plan.
Here are suggestions for specific additions to the Covenanls:
o Ar0de 11- Delintlons - Add -noxhls weeds'.o Arcllrle lX - Matrtenance and Lardscaplng, Secilion 9.1 B - edd"manage Gailield bun| listed mxious
urssds.'o Artlcle )(Vl -Sectbn 18.4 Deshrr Guidellnes. V., [andscape regulalions lo include 'rpxlouswead
nt9,negemetil.'o Artft:la XVlll - Section 1S.f F- sharEp "lnvasive specles'lo 'Gadhld Cwnly lisled noxhus weeds.
D!75 County Ro.d t3e BUg Z0t0
Rlfrc, OO 81650 Phone:970{tl$137 r tl,ll0S Fu: 87062$5930
Revagatallon
Sleva Anlhony
Garlield Cou nty Vegelation Manager
Please provide a map or infonnalion, prior to final plat that quanlities the area, in terms of acres, lo be dlsturbed
and subsequently reseeded on road cut and utility disturbances. This lnformatlon will help determine lha amount
of "searrity that will be held, if any, for revegetallon. lf thls lnformallon ls ln the applicatlon, please accepl my
apologies. Exhlblt B does llsl a cost astimate for Hrill sead and hydromulch"to cover 12 acres of dlslurbanca.
The security shall be held by Garfield County until veqetation has been successfully reestabllshed accordlng to
the Reclamation Standards sectlon ln the Garlield Gounty Weed ManagBment Plan. The Reclarnallon Standards
at the date of permlt tssuance are clted ln Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Managemenl
Plan (Resolution #2002-94).
0375 Goun$ Road 352, Bldg 2080
Rltls, CO 81650 Phonc: 970-94$,1377 x 4305 Fax: 970-825-5039
SSGM
www. sg m- in c. com
August 26,2015
Ma E-mail: keastlev@oarfield-countv.com
Ms. Kathy Eas$ey, AICP
Senior Planner
Garfield County
RE: RFWSD - lronBridge Phase 3 Filing I - Revlew Comments
Dear Ms. EasUey:
The purpose of this letter is to provide refenal review mmments on the lronBridge Phase 3 Filing 1 projed
on Uinait of the Roaring Fork Water and Sanitation Distrlct. As you are aware, this poject rrras reviewed by
the District lnZOO7 and never was consEucted. Many of the constuction level details were rrlrcfted out wi$t
the devetoper and District at that time and the proposed project has not ctranged signiftcanty. The folloiving
comments need to be addressed before the Distrlct can grant construction approval for the water and
wastewater lnfrastructure :
1. The developer is responsible for extending the water and sewer malnllnes to the property lines to
serve future approved developments. The District may need the water and sewer lines extended to
County Road 109 in the near future. The Developer shall either construct the lines and dedicate
easements to the District during this filing or negoliate wih the District to secure a method for the
improvements to be constructed at the District's time line.
2. The road to the lift station in phase 3A was meant to be temporary and permanently imprwed when
phase 3 was completed. The lift station road needs to be paved dudng this phase of the proiect.
3. D€taal 17 is not applicable as meter pits are not allored in the District for potrable use. Please
remove detail. d
4. The cost estimate was reviewed and the follo,rring changes should be made to reflect ctnent market
prices SGM has expedenced for simllar projects:
a. 10' DIP Water Pipe - Pdce of $64 ls lor and should be $90/LF
b. 1" Water service - No meter pits are allorrved and price should be $1,500/each seMce
c. 8" SDR 35 Sewer Plpe - Price of $20 is low and should be $60/LF
GLENWOOD SPRINGS I l8 Wesl Sixlh Sl, Suile 200 | Glenwood Springs, CO 81601 | 970.945' 1004
SSGM
www.sgm-inc.com
Subsequent to the review done in 2007, the District has started negotialing and planning with the
Rivers Edge or the Old Sanders Ranch. To the extent that Rivers Edge will require interconnections
with lronBridge, those detalls wlll have to be worked out with lronBridge and Rivers Edge.
lf you have any questions, please call.
Sincerely,
Cc e-mail:Matt Langhorst, PE High Country Engineering
RFWSD Staff
SGMry,/
Chris Lehrman, PE
Project Manager
Karp^NeuH^q"llgm
KarlJ.I'lanlon
Sandcr N. Korp'
Jomcs S. Ncu
Karl J" lhnlon
Michacl J. Srwycr
Jrrncs F. Fomaught
Jcffrcy I. Conklin
Andrtrv A. Mucllc.r
. F.{& {rlcHt rc{ttts.rl Eq,rerffit,^qra
Mauhcw L. TrinirM
Pauick L. Datcr
Jon T. Hoistld
OfCounsel
Richord l. Zubcrr'
Aono S. ltcnbcry
Grcg S. Russi
lloltic L. Wiclaod
" Filotoltlttbrrftrt
AokuloJN*lwatal lnya
Glenrvood Springx CO t1602
Asoen Onicetr'
3Il W. Main Strctt, Suilc 301
Aspcrq CO 8t6l I
Tclephone : (9?0, 915-U6l
Facsimile: (970) 915r336
r+wu.norntrfulimst
"'rfr .6ad.r4 rt',d U s.l b rL
Gr.rtffil SPtl/',r.illfl
August 17,2015
Sent via e-mail
Kathy Eastley, AICP
Senior Planner
Garfield County Community Dcvclopment
108 8th Street, #401
Glenwood Springs, CO 81601
keastley@ garfiel d-countv.co m
Re: Traffic lmpact Fees * lronbridge, PUD Phase III' Filing I
Dear Kathy:
You had asked me via e-mail to provide the basis for not including traflic impact fees in the
Su6ivision Improvement Agreement for lronbridge PUD, Phase III, Filing.l. Board of County
Commissioner Resolution 991068, dated June 7,lgbg nnd recorded at Reception No. 545857 in the
Carlield County Clerk and Recorder's Office provides in Section l.d. that *payment of the
applicabte ,o"d- i*pu"t fee at the time of final plat approval less the amount credited towards
improv"mens which the developer makes to CR 109." The road improvements to _C-ounty Road_l09
arp then cited in the f)evelopr.nt Agre.ment between Roaring Fork Investments, LLC and Garfield
County dated January l7,Z-OOO ana recorded at Reception No, 569199 of the Garfield County Clerk
and Recorder's Olfice.
Thc offset tbr improvcments to County Rood 109 are next referenced in Resolution No.
ZOO4-Z6,dated March t, )OO+ and recorded at Reception No. 647544 in the Garfield County Clerk
and Recorder's Office. Resolutio n 2N4-26, incorporated several prior resolutions as exhibits
specitcaflV Resolution 2OO4-20 which in Paragraph 5, identifies improvemc_nts to County Road 109
and again iecites that thc work will be credited against the road impact fees for tbe project.
The Suffiivision Improvements Agreernent for Phase ll of the lronbridge PUD dated June
Zl,ZAOOand recorded in Reception No. 7024?l of tlre Garfield County Cle{ a1! Recorder's OIfice
acknowledges in Paragraph g ttr"t the improvements to County Road 109 fully offset any road
it"put fees-which *o,Ila bu owed. At page 32 of 33 of the recorded document there is an cxhibit
p.Jyia.a by High Country Engineering that places the total costs of improvement to County Road
109 at $562,658.80.
KarpNeuH.gnLq$
Traffic Impact Fees - Ironbridge, PUD Phase III, Filing I
Page2
The original Rcsolution adopted when approving the project stated that improvements to
County Road 109 would be offset against traffic impact fees for thc project (not any specific phase
of the project). High Country Enginccring in conjrurction with Garfield County calculated the Road
Irnpact Fees to be $77,900.13 and that the total impact fee under today's dollars which would be
charged for the cntire project woutd total $403,551.32 which is some $159,107.48 less than thc total
amount of improvements to Counfy Road 109 completed as part of the project. Accordingly, under
the provisions of the 1999 Resolution approving the PUD, no traffic impact fees are due for either
Phase III, Filing l, or the future Filing to complcte the project.
Hopefully the answers thc question regarding traffic impact fccs fully. Should you havc any
questions please do not hesitate to contact me.
Very truly yourc,
I(ARP NEU HANLON, P.C.
KII'I:apcc: Client
KarpNeu^Hg;r"lgm
Karl J. Hanlon
Sandcr N. Karp'
Jamcs S. Neu
Ktrl J. l{anhrn
Ivliclrucl J. .Satvycr
Jamcs lr, lt'osniltrght
Jcffrey J. Conklin
Andrcw A. lvlucllcr
t ftllon olthcLolkscof
l*ot aal Etgl"1 twrr
lngtn
Mottlrcu, I-. Trinidad
Patrich L llnrker
Jon 't'. l{oistad
OfCounsel
Richurd I. Zubcrr'
Annn S. ltenbcrg
Crcg S" Ru.ssi
lkrlliu L" Wiclanr!
a. Fillotu ot rh. ,lnr.inn
Aml<uy tJ llatimoairl tawlot
Cl,inuorxl Springs, CO lll602
tl$ltu Ollictr "
313 W. Muin Strcrt, Suitc J0l
Asf,cn, CO 816ll
'lblcphone: (970) 945-216 I
l'rcsimilc: (970) 9{5-7136
...Alt .ow$dn knil *orll L. vn! a lhc
Glorwl lldny tultt
August 27,2015
Kathy Eastlcy, AICP
Garficld County Community Dcvelopment
I08 8th Street, Suite 401
Glenwood Springs, CO 81601
Submission of Final Revicw Documcnts
Dear Kathy:
ln response to your August 25'?015 e-mail and your August 26,2015 e'mail please find
enclosed the following:
l. An updated Subdivision Improvcments Agreement C'S|A") including as exhibits the
proposed form of collatcral, the Affordable Housing Agrccmen! and updated Forms
consistent with the proposed form of collateral'
2. An amendment to the Covenants of the lronbridge Property Owners Association
('!POA") Decliuation relating to the inclusion of Phase lll, l-iling 1.
On August 25,20151 mer with Kelly Cave, Assistant County Attorney for Garfield County
regarding both the Affordablc l-Iousing Agrccment and the form of security. Based on our
co-nversa'lion, Blue l-leron Properties (nBIIP") is proposing to use an Escrow Agreement lor
cotlateral forimprovements on this projeci. As you are aware, an escrow agreement rcquires that
BHp deposit the futl amount of thc cngineer's cstimate contained in the SIA. Partial releases are
then maie upon application to the County for approval of such releases. The Counly is a
beneficia4,of the-e.r"row agreerncnt and may cnforce against it if BI{P is in default under the terms
of thc SIA. The use of an cicrow agreemcnt makes the enlorccability against the security much
faster for Garfield County should they nced to do so. In addition, it reduces transaction costs for
BHP and as such is preferable form of collateral for both parties.
With regard to the amendment to the covenants at lronbridge. as you arc aw8Ie developer
control tume4 oner ro the IPOA a number of years ago and as such the dcveloper cannot unilaterally
amend the covcnants other than to thc inclusion of property in to the Subdivision which is reflected
on the vcry short covenant amcndment attached hereto.
Re:
KarpNeu^H^+n[qm
Submission of Final Review Documents
Page 2
ln the interests of ensuring that you havc received all of the materials for review in a timely
manner for both legal and planning I am copying Kelly Cave in the County Attorney's office with
this concspondencl u, *ril. By siparate cover, Matt Langhorst with High Cqyntry Engincering is
providing the balance of the miteriils which you request*d in you, August 25rh and 26rh e-mails.
Thank you for your timc and consideration in the matler.
Vcry truly yours,
KARP NEU FINNLON, P.C.
KJH:ap
Enclosures
cc: Kelly Cave
IROI{BRIDGE SUBDIVISION
IMPROVEMENTS AG REE MENT
THIS IRONBRIDCE SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA'') iS
made and entered into this
-
day of --, 2015, by and between BLUE
HERON PROPERTIES, LLC ("Owner") and the BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO, acting for the County of Carfield ("County"), State of
Cotorado, as a body politic and corporate, directly or through its authorized representatives and
agents ("BOCC').
Recitals
t. Owner is the owner and developer of the lronbridge Subdivision (the
"subdivision"), which property is depicted on the Final Plat of lronbridge Subdivision, Phase lll,
Filing I ("Final PIat"). The real property subject to this SIA is described in that Finat Plat,
recorded at Reception Number in the Clerk and Recorder's records of
Garfield County, Colorado and incorporated by this reference.
2. On June 6,2007, the BOCC, by Resolution No. 2008-42, recorded at Reception
Number 746338 of the real estate records of Garflreld County, Colorado and incorporated by this
reference, approved a preliminary plan for the Subdivision rvhich, among other things, would
create sixty-fn. (61) single-family, and open space/common area parcels ("Preliminary Plan
Approval").
3. As a condition precedent to the approval of the Final Plat submitted to the BOCC
as required by the laws of the State of Colorado and by the Garfield County Land Use and
Development Code of 2013, as amended ("LUDC"), Owner wishes to enter into this SIA with
the BOCC.
4. Owner has agreed to execute and deliver security in a form satisfactory 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 within the subdivision as more fully set forth below.
5. Owner represents that at the time of recording this SIA, all taxes and assessments
upon all parcels of real estate described in the Final Plat are paid in full.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutualcovenants
and promises contained herein, the BOCC and Owner ("Parties") agree 0s follows:
Agreemg4
l. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final
Plat on the date set forth above, subject to the terms and conditions of this SLA, the Preliminary
Plan Approval, and the requirements of the LUDC and any other governmental or quasi-
governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of
the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance
with this SIA and at the time prescribed herein.
2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Comolgtion Date/Substantial Comoliance. Except as othenryise provided
in this SIA with regard to the Affordable Housing Units (as hereinafter defined), Owner
shall cause to be constructed and installed the subdivision improvements, identified in the
Exhibits defined in subparagraphZ.a.i, below ("subdivision lmprovements") at Owner's
expense, inctuding payment of fees required by the County and/or other govemmental
and quasi-governmental entities with regutatory jurisdiction over the Subdivision. The
Subdivision lmprovements shall be completed on or before the end of the first full year
following execution of this SIA ("Completion Date"), in substantial compliance with the
following:
i. Plans marked
Improvements prepared bY
Bocc on
-
drawings anached to and made a part of this SIA by reference as Exhibit A; and
the estimate of cost of completion, certified by and bearing the stamp of Owner's
professional engineer licensed in the State of Colorado ("Owner's Engineer"),
attached to and made a part of this SIA by reference as Exhibit B, which estimate
shall include an additional ten (10) percent of the total for contingencies
(collectively the "Cost Estimate");
ii. All requirements of the Preliminary Plan Approval;
iii. All Iaws, regulations, orders, resolutions and requirements of the
County and all speciat districts and any other governmental entity or quasi-
govemmental authority with jurisdiction; and
iv. The provisions of this SIA and all other documentation required to
be submitted along with the Final Plat under pertinent sections of the LUDC
("Final Plat Documents").
Notwithstanding anything to the contrary contained in this SIA, the timing requirements and
criteria for substantial completion of the Affordable Housing Units shall be as set forth in
paragraph 4 below.
b- Satisfaction of Subdivision lmprovements Provisions. The BOCC agrees
that (l) if all Subdivision Improvements are constructed and installed in accordance with
this paragraph 2; (2) the record drawings have been submitted upon completion ofl the
Subdivision lmprovements, as detailed in paragraph 3(h), below; and (3) all other
requiremens of this SIA have been met, then the Owner shall be deemed to have satisfied
all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and
the LUDC, with respect to the installation of Subdivision lmprovements.
"Approved for Construction" for all Subdivision
High Country Engineering and submitted to the
,2015, such plans being summarized in the list of
3. SECURITY FOR SUBDIVISION IMPROVEMENTS.
a. Subdivision lmprovements Securitv and Substitute Collateral. As security
for Owner's obligation to comptete the Subdivision lmprovements Owner shall deliver to
the BOCC, on oibefor. the date of recording of the Final Plat, a form of security deemed
adequate by the BOCC and payable to the County, attached to and incorporated in this
SIA by refirence as Exhibit C ("Security"). The Security shall be in the amount equal to
the Cost Estimate. The Security shall be valid fora minimum of six (6) months beyond
the Completion Date (the "Expiration Date").
b. Securitv Reouirements and Plat Recording. The Final Plat shall not be
recorded until the Security has been received by the County and approved by the BOCC'
c. Extension of Expiration Date. lf the Completion Date is extended by a
written amendment to this SIA, the time period for the validity of the Security shall be
similarly extended by the Owner. For each individual extension that is in excess of six
(6) months, at the sole option of the BOCC, the cost of completion of the remaining
Subdivision Improvements shalt be subject to re-certification by Owner's engineer and
review by the BOCC. To the extent the cost of completion of the Subdivision
Improvemcnts, plus an additional ten percent (10%) of such cost for contingencies,
difters from the fa." amount of the remaining Security, the amount of such Security shall
be adjusted upwards or downwards, as appropriate.
d. Unenforceable Securitv. Should the Security expire or become void or
unenforceable fqr any reason prior to the BOCC's approval of Owner's engineer's
certification of completion of the Subdivision Improvements or, with regard to the
Affordable Housing Units, prior to the issuance of a certificate of occupancy for the last
Affordable Housing Unit required per this SlA, including bankruptcy of the Owner or the
financial institution issuing or confirming the Security, this SIA shall be voidable by
action of the BOCC and, upon such action, this SIA shall be of no further force and effect
and the Final Plat shalt be vacated pursuant to the terms of this SIA.
e. Partial Releases of Securitv. Owner may request partial releases of the
Security, and shatl do so by means of submission to the BOCC of a "Wrinen Request for
Partial Release of Security," in the form attached to and incorporated by this reference as
Exhibit D, accompanied by the Owner's engineer's stamped certificate of partial
completion of improvements. The Owner's engineey'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 applicable provisions of the
Preliminary Plan. The BOCC shall authorize successive releases of portions of the face
amount of the Security as portions of the Subdivision lmprovements are certified as
complete in the manner set forth in this subparagraph 3.e and to the satisfaction of the
BOCC. Notwithstanding anything to the contrary contained in this SIA, including,
without limitation, the BOCC's rights of investigation established by this paragraph 3.
BOCC's Investieation. Notwithstanding the foregoing, upon submission of the Owner's
Wriiten Request for Partial Release of Security, along with OwneCs engineer's certificate
of partial completion of improvements, the BOCC may review the certification and the
Pre!iminary Plan, and may inspect and review the Subdivision lmprovements certified as
complete to determine whether or not they have been constructed in compliance with
relevant specifi cations, as fol lows;
If no letter of potential deficiency or determination that applicable
requirements of the Preliminary Plan have not been satisfied is furnished to
Owner by the BOCC within fifteen (15) business days of submission of Owner's
Written Request for Partial Release of Security, accompanied by Owner's
engineer's certificate of partial completion of improvements, all Subdivision
lmprovements certified as complete shall be deemed approved by the BOCC, and
the BOCC shall, within ten (10) business days of such improvements being
deemed complete, release the appropriate amount of Security.
ii. If the BOCC chooses to inspect and determines that all or a portion
of the Subdivision lmprovements certified as complete are not in compliance with
the relevant specifications or that applicable requirements of the Preliminary Plan
have not been met, the BOCC shall furnish a letter of potential deficiency to the
Owner, within fifteen (15) business days of submission of Owner's Written
Request for Partial Release of Security.
iii. If a letter of potential deficiency is issued identifying a portion of
the certified Subdivision lmprovements as potentially deficient and there are no
outstanding requirements of the Preliminary Plan that are applicable to the subject
improvements, then all Subdivision Improvements not identified as potentially
deficient shall be deemed approved by the BOCC, and the BOCC shall authorize
release of the amount of Security related to the Subdivision Improvements
certified as complete and not identified as potentially deficient.
iv. With respect to Subdivision Improvemeots identified as potentially
deficient in a letter of potential deficiency or as not meeting all applicable
requirements of the Preliminary Plan, the BOCC shall have lifteen (15) business
days from the date of the letter to complete the initial investigation, begun under
subparagraph 3.f.ii. above, and provide written confirmation of the deficiency(ies)
to the Owner.
v. lf the BOCC finds that the Subdivision lmprovements are
complete and in compliance rvith the relevant specifications and that all
applicable requirements of the Preliminary Plan have been met, then the
appropriate amount of Security shall be released rvithin ten (10) business days
after completion of such investigation.
BOCC Con-roletion of Improvements and Other Remedies. If the BOCC
finds, within the fifteen (15) day period of time defined in subparagraph 3.f.iv. above,
that the Subdivision Improvements are not complete, or if the BOCC determines that the
Owner will not or cannot construct any or all of the Subdivision Improvements (whether
or not Owner has submitted a wrinen request for release of Security), or that applicable
requiremenls of the Preliminary Plan will not or cannot be met, the BOCC may withdraw
and employ from the Security such funds as may be necessary to construct the
Subdivision Improvements in accordance with the specifications or to satisfy the
Preliminary Plan requirements applicable to the Subdivision, up to the remaining face
amount of the Security. In such event, the BOCC shall make a written finding regarding
Owner's failure to comply with this SIA or applicable requirements of the Preliminary
Plan prior to requesting payment from the Security, in accordance with the provisions of
Section l3-106 of the LUDC. In lieu of or in addition to drawing on the Security, the
BOCC may bring an action for injunctive relief or damages for the Owner's failure to
adhere to the provisions of this StA regarding the SuMivision Improvements and
satisfaction of requirements of the Preliminary Plan applicable to this Subdivision.
s. Final Release of Securitv. Upon completion of all Subdivision
lmprovements and requirements of the Preliminary Plan applicable to the Subdivision,
Owner shalt submit to the BOCC, through the Community Deve lopment Department: l)
record drawings bearing the stamp of Owner's engineer certifying that all Subdivision
Improvements, including off-site improvements within the jurisdiction of the County,
have been constructed in accordance with the requirements of this SlA, including all
Final Plat Documents and applicable requirements of the Preliminary Plan, in hard copy
and digital format acceptabte to the BOCC; 2) copies of instruments conveying real
property and other interests which Owner is obligated to convey to the property owners
issociation of the Subdivision (the "POA") or any statutory special district or other
entity; and 3) a Written Request for Final Release of Security, in the form attached to and
incorporated herein as Exhibit E, along with Owner's engineer's stamp and certificate of
final completion of the Subdivision lmprovements. Upon receipt of the foregoing, the
BOCC shall take the following action:
i. The BOCC shall authorize a final release of the Security after the
Subdivision Improvements are certified as final to the BOCC by the Owner's
engineer and said final certification is approved by the BOCC. If the BOCC finds
that the Subdivision lmprovements are complete, in accordance with the relevant
specifications, and that all requirements of the Preliminary Plan applicable to the
Subdivision have been satisfied, the BOCC shall release the final amount of the
Security within ten (10) business days following submission of the Owner's
Written Request for Final Release of Security accompanied by the other
documents required by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's Written Request for
Final Release of Security, accompanied by Owner's engineer's certificate of final
completion of improvements, the BOCC may inspect and review the Subdivision
lmprovements certified as complete. Ilthe BOCC does so review and inspect, the
process contained in paragraph 3.f. above, shall be followed. lf, following such
inspection, the BOCC finds that the Subdivision lmprovements are complete, in
accordance with the relevant specifications, and that all requirements of the
Preliminary Plan applicable to the Subdivision have been satisfied, the BOCC
shalt release the final amount of the Security within ten ( l0) days after completion
of such investigation.
iii. If, follolving the inspection contained in paragraph 3.f, the BOCC
finds that the Subdivision Improvements are not complete, in accordance with the
relevant specifications, and/or that requirements of the Preliminary Plan
applicable io the Subdivision have not been satisfied, the BOCC may complete
the remaining Subdivision lmprovements and satisff the applicable requirements
of the Preliminary Plan, or institute court action in accordance with the process
outlined in paragraph 3.g. above; provided, however, that such action may only be
taken by the BOCC if the BOCC determines in its reasonable discretion that the
subject Subdivision Improvements will not or cannot be satisfactorily completed
on or bef,ore the Comptetion Date and, provided further, that the BOCC shall
provide Owner a reasonabte opportunity to cure (as provided in paragraph 12
Lelow) any identified deficiency(ies) or violations prior to initiating any of the
self-help iemedies described herein, including, without limitation, commencing
work on the Subdivision Improvements, requesting payment from the Security,
initiatingthe forfeiture proceedings set forth in Section l3-106 of the LUDC, or
filing a civil action.
4. AFFORDABLE HOUSING. In accordance with the requirements of Article 8
of the LUDC and the Planned Unit Development ("PUD") approval, Owner has agreed to
provide six (6) deed-restricted affordable for-sate housing ("Affordable Housing Units") either
within the Subdivision or oflsite as part o[ the Project as specifically provided in the affordable
housing agreement attached hereto as Exhibit F (the "Affordable Housing Agreement"). As
providid in the Affordable Housing Agreement, Owner shall not be required to construct any
individual Affordable Housing Unit(s) until a buyer for such Affbrdable Housing Unit has been
qualified by the Garfietd County Housing Authority ("GCHA") in accordance with the
Rffordable Housing Agreement. Pursuant to the Affordable Housing Agreemen_t, if Owner
defers construction of tnl Aflordable Housing Units, upon Owner's receipt of notice from GCHA
that a buyer has been qualilied to purchase an Affordable Housing Unit (the "Purchase Notice"),
Owner shalt promptly commence construction of an Affordable Housing Unit and shall deliver a
compteted aiTordiUle Housing Unit to the qualified buyer on or before one-hundred and twenty
(120) days from OwneCs reCeipt of the Purchase Notice; provided, however, that if Owner
i"..iu.r a Purchase Notice on orbetween October l5th and April lst of any year, Orvner shali be
required to deliver a completed Affordabte Housing Unit to the purchaser on or before the next-
occuning August l. As provided in subparagraph 3.e above, upon the issuance of a certificate of
occupan.y foi any Affordable Housing Unit required to be constructed on a lot identified on the
Finaf Plat, the County shall, within ten (10) business days of receipt of Owner's Written Request
for Partial Release of Security, release the Security attributable to such Affordable Housing Unit,
including the ten percent (10%) contingency amount attributable thereto. In the event Owner
completis construition of, and receives certificates of occupancy for, allof the market rate units
within the Final Plat prior to comptetion of construction of the Affordable Housing Units
required to be constructed as part of such Final Plat, the BOCC may, but shall not be required to,
wiihdraw and employ from the Security such funds as may be necessary to construct the
Affordable Units in accordance with the requirements of this SIA and the AfTordable Housing
Agreement, up to the remaining face amount of the Security.
6
5. WATER SUPPLY AND WASTEWATER COLLECTION. As stated iN
paragraph 15, below, prior to issuance by the BOCC of any certificates of occupancy for any
residences or other habitable structures constructed within the Subdivision, Owner shall install,
connect and make operable a water supply and distribution system for potable water, non-potable
irrigation water and a wastewater/sewer collection system in accordance with approved plans and
specifications. All easements and rights-of-way necessary for installation, operation, service and
maintenance of such lvater supply and distribution system(s) and wastewater collection system
shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and
Recorder executed originals of the instruments olconveyance for easements appurtenant to the
water and wastewater system(s), for recordation following recording of the Final Plat and this
SlA. All facilities and equipment contained within the water supply and wastewater collection
system(s) shall be transferred by Owner to the Special District(s) by bill of sale. If a third party
water or sewer service entity requires warranty of the system(s), Owner shall provide proof to the
BOCC that such warranty is in effect and, if necessary, has been assigned.
6. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the
Owner to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the
public, on the face of the Final Plat. The POA 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.
7, PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist
elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain 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. 643477,inthe records of
the Garfield County Clerk and Recorder, as amended. The POA 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 rvithin the Subdivision. ln the event a utility company,
lvhether 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.
8. CONVEYANCE OF OPEN SPACE. The common open space parcel(s)
identified on the Final Plat shall be conveyed by Orvner to the POA at the time of Final Plat
Approval or as agreed to between the owner and the POA. Owner shall deposit with the Garfield
County Clerk and Recorder executed original(s) of the instrument(s) of conveyance for
recordation following recording of the Final Plat and this SIA.
If not conveyed at the time of recording of the Final Plat, Olvner shall execute and deliver into
escrow document(s) conveying the common open space parcel(s), easement(s), greenbelt(s),
park(s), shown on the Final Plat to the POA. The documents shall be deposited pursuant to the
escrow agreement, to be executed by the Owner, the BOCC and escrow agent ("Escrow
Agreement"). Owner shall deliver to the BOCC a copy of the fully executed and recorded
Escrow Agreement within a reasonable time following execution of this SIA. The special
instructions of the Escrow Agreement shall provide:
i. the Escrow Agent shall hold the conveyance documents until the
earlier of: a) receipt of a written notice signed only by Owner notifying escrow
agent that the work required of the Owner in this SIA has been completed and
approved as complete by the BOCC; or b) receipt of a rvritten notice signed only
by-the BOCC stating that Owner has failed to comply with the terms and
conditions oflthis SIA; or c) the Completion Date for Subdivision lmprovements,
specified in paragraph 2, above, or as extended in accordance with paragraph 2 of
this SIA; and
ii. upon the first to occur of the foregoing events, the escrow agent
shall cause the conveyance documents to be recorded in the records of the
Garfield County Clerk and Recorder.
g. 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 lmprovements and any other agreement or obligation of Owner, related to
development of the Subdivision, required pursuant to this SlA. The Owner, however, does not
indemnify the BOCC for ctaims made asserting that the standards imposed
-bV
tne BOCC are
impropeior the cause of the injury asserted, or from claims which may arise from the negligent
acrs oi omissions of the BOCC or its emptoyees. The BOCC shall notify the Orvner of receipt
by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the
O*nrr the option of defending any such claim or action. Failure to notify and provide such
written option to the Owner stratl extinguish the BOCC's rights under this paragraph. Nothing in
this paragraph shall be construed to constitute a waiver of governmental immunity granted to the
BOCC by Colorado statutes and case law.
10. ROAD IMPACT FEE. Owner has completed as part of Phase I and ll of the
PUD off-site traffic improvements based on full build out including this Phase III which fully
offset and exceed any itoad lmpact Fees which would othenvise be applicable pursuant to the
LUDC. Total completed improvements are $ I .9 million, attached as Exhibit H is an engineer's
verification. Attached as Extribit I are worksheets showing Phase lll and full development road
impact fees, demonstrating that offsite improvements fully offset all fees.
I l. BREACH OR DEFAULT OF OWNER. A "breach" or "default" by Owner
under this SIA shall be defined as Owner's failure to fulfill or perform any material obligation of
Owner conrained in this SIA. tn the event of a breach or default by Owner under this SlA, the
County shall deliver written notice to Owner of such default, at the address specified in
paragiaph2! below, and Ownershall have sixty (60)days from and afterreceiptof such notice
io.ui. such default. lf such default is not of a type that can be cured within such 60-day period
and Owner gives written notice to the County within such 60-day period that it is actively and
diligently pursuing such cure, Owner shall have a reasonable period of time given the nature of
the defauli following the end of such 60-day period to cure such default, provided that Owner is
at all times within such additional time period actively and diligently pursuing such cure.
12. BREACH OR DEFAULT OF COUNTY. A "breach" or "default" by the
County under this SIA shall be defined as the County's failure to fulfill or perform any material
obligation of the County contained in this SIA. In the event of a breach or delault by the County
under this SIA, Owner shall have the right to pursue any administrative, legal, or equitable
remedy to which it may by entitled.
13. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a
cash deposit in lieu of dedicating land to the Roaring Fork School District RE-1, calculated in
accordance with the LUDC 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 follows
forthe RE-l School District:
Unimproved per acre market value of land, based upon an appraisal submined to the
BOCC by Owner, i.e. $!f,;!!!QQ; and
Land dedication standard: 35 single-family dwelling units x QQIQ acres, equals [f acres.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time
of recording of the Final Plat, thirty-six thousand seven hundred eighty five dollars
and seventy cents (36,785.70) as a payment in lieu of dedication of land to the Roaring
Fork 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 LUDC.
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 Orvner rvill not claim, nor is Owner entitled to claim,
subsequent to recording of the Final Plat, a reimbursement of the fee in lieu of land dedication to
the Roaring Fork School District.
14. FIRE IMPACT FEB. The Fire lmpact Fee is $730 per unit. The Owner,
thereflore, shall pay to the Carbondale Fire Protection District, at or prior to the time of recording
of the Final Plat, hventy-five thousand five hundred fifty dollars (525,550.00).
15. SALE OF LOTS. No lots, tracts, or parcels rvithin the Subdivision may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
16. 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
Carbondale Rural Fire Protection District ("District"), if the Fire District has so required, that
there is adequate water available to the construction site for the District's purposes and all
applicable District fees have been paid to the District. No certificates of occupancy shall issue
for any habitable building or structure, including residences, within the Subdivision until all
Subdivision Improvements have been completed and are operational as required by this SIA. If
applicable, Orvner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed
copy of a form in substantially the same form as that attached to and incorporated herein
reference as Exhibit G, concerning the restrictions upon issuance of building permits r
certificates of occupancy detailed in this SlA.
17. CONSENT TO VACATE PLAT. In the event the Orvner fails to comply with
the terms of this SlA, 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 PIat shall not be vacated and shall remain valid. ln 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.
I8. ENFORCEMENT. In addition to any rights provided by Colorado statute, the
withholding of building permits and certificates of occupancy, provided for in paragraph 16,
above, the provisions for release of Security, detailed in paragraph 3, above, and the provisions
for plat vacation, detailed in paragraph 17, above, it is mutually agreed by the BOCC and the
Owner, that the BOCC, rvithout 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.
19. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the
Carfield County Clerlc 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.
20. 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 Olvner and the
BOCC.
21. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. ThC
representatives of the Owner and the BOCC, identified belolv, are authorized as contract
administrators and notice recipients. Notices required or permiued 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 retum receipt requested U.S. Mail'
receipted delivery seryice, or facsimile transmission, addressed to the authorized representatives
of the BOCC and the Owner at the address or facsimile number set forth below:
by
and
IO
Olvner:
#copy to:
BOCC:
Blue Heron Properties, LLC
Attn: James W. Light or John Young
430 lronbridge Drive
Clenwood Springs, CO 81601
Phone: 970-384-0630
Fax: 970-384-0634
KarlJ. Hanlon
Karp Neu l{anlon, PC
P.O. Box 2030
Glenwood Springs, CO 81602
Phone: 970-945-2261
Fax: 970-945-7336
Garfield County Board of County Commissioners
Attn: Community DeveloPment Director
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Phone: (970)945'8212
Fax: (970) 184-3470
22. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA MAY bC
modified, but only in writing signed by the Parties hereto, as their interests then appear. Any
such amendment, including, by way of example, extension of the Complstion Date, substitution
of the form of security, or approval of a change in the identity of the security provider/issuer,
shall be considered by the SOCC at a scheduled public meeting. Befiore any extension of
Completion Date is considered, Owner shall certify that all taxes and assessments on the real
p.op.rty subject to the SIA are paid in full. If such an amendment includes a change in the
iaentity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner
to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to
the BOCC, along rvith the original security instrument. Notwithstanding the foregoing, the
Parties may change the identification of notice recipients and contract administrators and the
contact infirmation provided in paragraph 21, above, in accordance with the provisions of that
paragraph and without formal amendment of this SIA and rvithout consideration at a BOCC
meeting.
23, COUNTERPARTS. This SIA may be executed in counterparts, each of which
shall be deemed an original, and all of lvhich, when taken together, shall be deemed one and the
same instrument.
24. VENUE AFID JURISDICTION. Venue and jurisdiction for any cause arising
out ofl or related to this SIA shall lie rvith the District Court of Garfield County, Colorado, and
this SIA shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the Parties have signed this SIA to be effective upon the date of Final
PIat Approval for the Subdivision.
ll
ATTEST:
Clerk to the Board
Date:
STATE OF COLORADO
COI.JNTY OF CARFIELD
The foregoing instrument was acknowledged
2015, by Blue Heron Properties, LLC by its
Manager, John B. Young.
WITNESS my hand and officialseal.
My commission expires:
BOARD OF COI.JNTY COMMISSIONERS
OF CARFIELD COI.JNTY, COLOMDO
Chairman
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Management, LLC'
a Colorado limited liability company
John B. Young, its Manager
and
By its Manager, CLM Blue Heron, LLC,a
Colorado limited liability company
James W. Light, its Manager
before me this _ day of
Manager, BIue Heron Management, LLC, by its
By:
By:
By:
)
)ss.
)
Notary Public
:?
STATEOFCOLORADO )
)ss.
cor.JNTY OF CARFIELD )
The foregoing instrument was acknowledged before me this
-
day of
2015, by Blue Heron Properties, LLC by its Manager, CLM Blue Heron,LLC, by its Manager,
James W. Light.
WITNESS my hand and official seal.
My commission expires:
Notary Public
I]
Exhibit List
Exhibit A - Subdivision Improvement Plans - "Approved for Construction"
Exhibit B * Engineer's Estimate of Cost of lmprovements
Exhibit C * Security - Escrow Agreement
Exhibit D .. Written Request for Partial Release of Security Form
Exhibit E - Written Request for Final Release of Security Form
Exhibit F * Affordable Housing Agreement
Exhibit G "- Notice to lot owner regarding SIA completion
Exhibit H * Engineer's verification of completed improvements
Exhibit I * Road lmpact Fee Calculation Worksheet
t4
Escrow Agreement
Date; Escrow Number:Closer:
The undersigned deposit with Land Titlq Guarantee Coupany, a Colorado Corporation, as Escrow Holdcr (the "Escrow Holder"), the
items set forttr in Schedule A, to be hetd by Escrorv Hotair suh,.icct to ttre termi of this Escrow Agreement, the Geoeral Provisions to
the Escrow Agreement aad the Special lnstuctions in Schedule B (collcctively, the 'Escrow Agreemeof').
E nn cash deposits must be accdmpanied by a Fom W-9 Request for Taxpayer Identification Number.
"Schedule A"
@eposits),5---, from
"Scbedule B"
(Special Instuctions)
Ill Speciat Insruction No. 1 (Repairs) Attached
I Special Insruction No. I a (Completiou) Attachcd
[] Special Instuctiou No. 2 (Leader Completion Insuuctions) Attached
fl Special Instuctiou No. 3 (Indemnity Agreement -' Cash Deposit) Aftached
I Special Iastruction No.4 @epository Inrmrctions) Attached
I Special Instruction No. 5 (FJ.RP.TA)
I Special iosrtction No. 6 (Resolution of Miscellaneous Issues)
fEl ett others (Sce attached Exhibit "A")
The parties to the Escrow Agreemert, by their sipature below, ackuowledge and aEee that they have read, and will be bound by the
ir"rir* Agreemen! includift the Gcneral provisions to the Escrow Agreemon! and lhe Special lnstructious in Schedule B.
Setler(s):
{ifapplicoblc)
Buyer/Borrower(s):
(if applie*hlc)
Form 13575 Pn0l3 e*spec.inslodt 12289437,31
Address:
Phone #:
Fax #;
Email:
Cotrtsct:
Phone #:
Eurail:
Lender:
(lfapplicable)
Address:
Phone #:
Contacl:
Any conespondence regarding this escrow shall be
addressed lo:
Land Title Guurantcc ComplnY
5975 Greenrvood Plaza Blvd.
Greenwood Vilhge, Colorado 80lIl
Attn: Escrorv Coordinator
Phoue: 303-32t-l880
Fox: 303-399-E193
Escrow Fees to be as Follows:
(a) Set up fec;
(b) Miscellaneous;
Note; After the issuance of four (4) checks, a fee of S10.00 per
check will be made for each additional check,
Receipt ofthe Escrow Deposit and acceptance o[the Escrow
Agrcement hereby uckrrowledged byl
Land Title Cuarantee Company - Escrorv Ho'der
Form I1575 12/2013 ea.spec'instodt
By
{22894323 }
Land Title Guarantee CompanY
General Provisions to the Escrotv Agrcement
Initials
Initials
l.Noticcs.
Any notices required or permitted to be given under the Escrow Agreemcnt shall have been decmed to have been servcd:
a. one business day after the notice is hand delivered with proofof ruceipt by the addressee, or
ii. one business day after transmission by facsimile evidencing confirmation of receipt by the receiving fhcsimile
machine, or
iu. one business day after transmission by cmail evideucing coufinuation of receipt by the receiviug cmail address, or
iv. ifreputable overnight courier (such as Uniled Parcel Service or Federal Express) is used, on tbc irumediately
follorving busiaess day after notice is sent for overnight delivery, or
v. if rhe United States Maii is used, on rhe third business day after the notice is deposited in the United States Mail,
postage prepaid;
Provided in each case such notice is addressed to the parties at tlre addresses given ou lhe frst page ofthis Escrow Agleemcnt.
Reliance otr Noticc.
Escrow Holder may act in reliance upon any uriting or instrument or signature which Escrow Holder, in good faith, believes to
bc geuuine, and rnay assumc the vatidity and accuracy of any statement or asscrtion contained ln such a writing or instrumenl,
and may assume that any person purporting to give any lwiting, notice, advice or instruction in conncctiott rvith the provisions
hereofhas been duly authorized so to do^
Larvs Relating to Unelairtcd Funds'
Seller and Buyer are hereby adviscd tbat unclaimcd funds may bc payable to the Statc at some future date pursuant to
uuclaimed properfy laws, and should Escrorv Holdcr pay any such funds held in the Escrow Deposit, Escrotv Holder shall be
release from all fuiher responsibility under the Escrow Agrecmcnt and shall not be liablc to any Party so long as such poylnent
was madc pursuant to applicable larv.
llscrow Dcposit and Interest Earned on Escrorv DeposiL
o. Upon receipt of rvritten direcrion of the parties along rvith a completed W-9 any money comprising the Escrow Deposit
rvilt be invested il an interest bearingaccount.
Deposits of $ I 00,000.00 or more rnay be directed by the partics hereto to other fypes of investments, or tlte Escrow
Holder may invcst the Essrow Drposit in Repurchase Ageements for U.S. Treasury obligations or other Federal agetrcy
issued securities.
Escrow Holder shall not be responsible for maximizing the yield on the Escrow Deposit. Under no circurnstances shall
Escrow Holder be liable for loss of funds due to bank or other Instirutioo failure, including emplol,ees or agetlts thereo{,
suspension or cessation ofbusiness, or any action or inaction on the prrt ofthe baok or othcr institulion, or any delivery
service transporting funds to aod from the i:rstitution.
All parties hereto shall executc and de liver to Escrow Holder all forms required by federal, state or olher governmental
agencies relative to ta\ation rDatters and Escrow Holder will ftle appropriate 1099 or other required forms.
Fees and Expenses of Escrorv Holder.
Thc Escrow Holder shall be entitled to reimbursernent in full, or may dentand paymcnt in advance, lor all costs,
expenses, charges, fees or other payments made or to be made by Escrow Holder in the pcrfonnaoce of Escrolv I'Iolde/s
duties and obligations under the EscrowAgreement.
The parties to the Escrow Agreement ue joinrly and sevually liable for the payment to Escrorv Holder of all fees and
expenses. Escrorv Holder is hereby authorized and directed to reimburse to itselFin paytltent o[fees or expenses from
any funds in the Escrow Deposit, rvhether &om principal or interest or both, &t any lime, and from time to time, as tlre
same may be due and orving.
Escrow Holder is hereby authorized to rvitlrhold any fees or expenses from any disbursement or distribution of Escrorv
Deposit to any Party hereto or lo the Cle* of the Coun upon interpleader'
ln the eveut that the Escrow Deposit shall consist of documents only and not ftutds, Escrow Holder may refuse to
distribute any such documcnts or to othcnvisc act under this Agrccmcnt until all accrued but unpaid fecs and eN,peDses
have been paid in full.
rm 13575 1?2013 ea.spec.insrodt {22891s231
7.
NonJiabitity of Escrow Holder.
a. Escroq'Holder shatt not be liable for any mistakes of fact, or enors ofjudgment or for atry scts or omissions of any kind
unless caused by the willful misconducl or gross negligence of Escrorv Holder.
b. Escrow Holder shall not bc liable for any l&res, assessments or otter govemmenhl charges which may be [evicd or
assessed upoa the Escrorv Deposit or any part tlrereo( or upon tlre income therefrom.
c Escrorv Holder may rely upon the advice of counsel and upon statements of accountants, brokers or other persons
reasonably believed by ir in good faith to be expert in the matters upon rvhich they are consulted, and for any reasonable
action talien or suffered in good faith based upon such advice or statements,
Indcmnity of Escrorv Holder.
The Seller and Buyer jointly and severally, agree to:
r. indemnify Escrow Holder for, and hold it hannless against any and all liabiliry incurred by the Escrow Holder by
reason of this EscrowAgreement, or in connection with Escrorv Agentl performance of its duties hereunder, excepl
for Escrorv Holder's own willful misconducr or gross negligence, and
ii. reimburse Escrow 1lolder for atl its expenses, including, but not necessarily limited to, sttorneysr fees and court
costs iDcurred pursuant to this Escmrv Agleement.
Request [or Written Instructions.
a. Escrorv Holder may at aoy timc, and from time to time, reguest the Sellcr zurd Buyer to provide rvritten instructioos
conceming the propriety of a proposed payment of the Escrorv Deposit" distribution of documents, or other acdon or
refusal to act by Escrow Holder.
Should the Seiler and Buyer fail to provide such ryritten instructions rvithin a reasonable time, Escrow Holdcr may take
such actioq or refusc to act, its it may deem appropriate and shall not be liable to anyone for such action or refusal to act.
NofwithstandiDB the foregoing, should the tenns of the Escrorv Agreement be complied rvith, in the judgment of Escrorv
Holder, then the Escrorv Holder may disburse any funds, distribute documcnls, or take such action without specific
further written instructioos from any Party.
Disputcs and Interpleader'
o. In fte event of any dispute beha,een the Parties as to either law or fact, or in the event any of fte parties hereto fail, for
any reason, to fully receipt and acquit the Escrow Holder in rvriting Escrow Holder may refirse, io its discretion, to carry
out said escrolv insfuctions or to deliver any funds. documents, or propcrty in its hand to anyone and in so doing shall
not bccome [iable to demand.
b. Escrow Holdcr shall be entitled io continue, witbout liabiliry, to reFain and reftrse !o act:
until all the rights of the advcrse claimants havc been hnally adjudicated by a court having jurisdiction over lhe
Panies and the irems affected hereby, after rvhich time the Escrow Holder shall be entirled lo act in conformiry rvitlt
such adjudication; or
until all differenccs shall have been adjusted by a-seement and Escrow Holder shall have been notificd thereofand
shall havc been directed in rwiting signed jointty or in counterpart by the parties and all persons making adverse
ctaims or demand, at which time Escrow Holder shall be protected in acting in compliance therewith.
c. Escrow l-lolder also has rhe right to interplead into a coun of competentjurisdiction 8t tha expense of the Parties.
Reslgnatlon o[ Escrorv Holder.
r. Escrol ltolder may resign under this Agrecment by giving written notice to all of the psflies hercto, effective 30 days
after tlte dale of said notice.
u. Upon the appointmcnt by the parties of a new escrow holder or custodian, or upolt written insfiuctions to Escrow Holder
for other disposition ofthe Escrou Deposit, Escrorv Holder shall, after retention of its accrued escrow fecs and exPenses,
if any, shall delivcr the Escrorv Deposit rvithin a reasonable period of time as so dirccte4 and shall bc relieved of any and
all liability hereunder arising thereafter.
Applicable Ltrv.
This Agreement shall be governed by the larvs of the State of Colorado.
Counterpflrts/Third Party Bencliciarics.
This EscrowAgreement may be executed in any number ofcounterparts, each ofwhich rvhen so executed shall constitute the
entire agreement between the Scller and Buyer. The Seller and Buyer acknorvledge and agree $at there are not intended or
uninrended third party beneficiaries rvho may rely upon or benefit from the provisions of this agrcernenL
Electronic Signatures and Notices.
T1e execution of this Escrorv Agreement, and any other noticc rcquired or permitted under this Escrow Agreement, may be
given and traffmitted by electronic means (including email, facsimile, or similar ransmission) and shall be deemed cffcctive
ior alt purposes. Documents rvith original signatures are not rEquired. If original signatues are required by any pady, this
reguest must be made prior to executiotr of this Escrow Agreement or any other noticc, lo ensure compliance with the request.
9.
10.
t 1.
l'orml3575 l2l20l3 ea.spcc.instodt (228e4323)
Bxhibit'oA"
to
Escrow Agreement
This document is an addendum ("Addendum") to that certain escrow agreement under Land Title
Cuaranty Company Escrow Account No. 519857 ("Escrow Agreement") entered into between
and among Blue Heron Properties LLC ("Blue Heron Properties") the Board of County
Commissioners for Garfietd County, Colorado (*BOCC") and Land Title Guaranty Company
("Escrow Holder"). This Addendum is incorporated in the Escrow Agreement by reference as if
set out in full.
Introduction
Blue Heron Properties and the BOCC are parties to that certain Subdivision lmprovements
Agreement dated and recorded in the public records of Garfield County,
Colorado under Reception No.(the "SlA").
Section 3, of the SIA requires that Blue Heron Properties provide security for the construction
and completion of certain public improvements located within the Phase III of the lronbridge
Planned Unit Development.
The amount of the security is $_ (the "Escrow Deposit"), which is an amount equal to
the Cost Estimate as defined in Section 3(a) of the SIA.
Blue Heron Properties and the BOCC have agreed that the delivery of the Escrow Deposit to the
custody of the Escrow Holder, pursuant to Escrow Agreement and this Addendum, will satisfy
the security requirements under Section 3 of the SlA.
Disbursal Instructions and Miscellaneous Provisions
Disbursal of Escrorv Deposit.
In accordance with the above, Blue Heron Properties and the BOCC instruct the Escrow Holder
to disburse all remaining or any authorized portion of the Escrow Deposit as follows:
To Blue Heron Propemies: Escrow Holder shall disburse the sum set forth on any
"Written Request for Partial (or Final) Release of Security presented by Blue Heron
Properties" as provided in Section 3(e) and Exhibit D of the SIA that is stamped,
certified, or orhenvise authorized by the BOCC or its duly authorized officer or
representative.
To the BOCC: Escrow Holder shall disburse the balance of the Escrow Deposit, together
with allaccrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved
written resolution of the BOCC confirming that the BOCC has determined Blue Heron
Properties to be in default under the SIA. Such determination shall be made at a duly
noticed public meeting for which Blue Heron Properties will be provided l4 calendar
days advanced written notice. Notice provided in conformance with the SIA will be
deemed sufficient for the purposes of this provision'
Section l.0l
Section 1.02 Miscellaneous Provisions.
Blue Heron Properties waives any and all claims against the BOCC, its officers, employees,
agents and contiactors on account of each of their good faith performance of their obligations
u-nder the Escrow Agreement and this Addendum. Blue Heron Properties shall defend, indemnify
and hold harmless th; BOCC, its officers, employees, agents and contractors from and against
any claim made on account of this Escrow Agreement.
The procedures set forth in this Addendum are intended to govem the manner in which Escrow
Deposit funds are to be disbursed to Blue Heron Properties, or, as the case may be, the BOCC.
This Addendum does not affect, in any respectt the manner or conduct of inspections to be
performed by the personnet of Carfield County with respect to the public improvements, all as
further provided in the SIA.
The parties intend that the Escrow Agreement and this Addendum satisfy the reguirement of "a
formof security deemed adequate" under Seciton 3(a) of the SlA. In any event, as between Blue
Heron Properties and the BOaC, the provisions of (he Escrow Agreement and this Addendum
are to be interpreted in a manner consistent with the SIA, which, with respect to BIue Heron
Properties and the BOCC, wilt control over the Escrow Agreement and this Addendum with
respect to any provisions that are in conflict.
*t*End ofAddendumr**
EXHIBIT D
REQUEST FOR PARTIAL RELEASE OF ESCROW FUNDS
Board of County Commissioners
Garfield County, Colorado
c/o Director of Community Development
108 8th Street, Suite 401
Clenwood Springs, CO 81601
RE: Ironbridge Subdivision
This request is written to formally notify the BOCC of work completed
Subdivision. As Orvner [or On behalf of the Ou'nerJ, we request that the
attached Engineer's Certificate of Partial Completion and approve a reduction
for the Ironbridge
BOCC review the
in the amount held
in Land Title Escrow No. 5 19857 (the "Escrow Funds") in the amount of $
_, to a reduced the Escrow Funds to $
-.
Attached is the certified original
cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed, Iess l0oZ
Reduced Face Amount of Escrorv Funds
Based on periodic observation and testing, the construction has been completed, to date, in
accordance with the intent of the plans and specifications that were reviewed and approved by
the BOCC or its representatives and referenced in Paragraph 2 of the Subdivision lmprovements
Agreement between the BOCC and the Owner.
lf further information is needed, please contact
Owner
Owner's Representative/Engineer
APPROVED:
Name:
Office:
EXHIBIT E
REQUEST FOR FINAL RELEASE OF ESCROW FUNDS
Board of County Commissioners
Carfield County, Colorado
c/o Director of Building and Planning
108 8th Street, Suite 401
Glenrvood Springs, CO 81601
RE: Ironbridge Subdivision
This request is written to formally notify the BOCC of work completed for the lronbridge
Subdivision. As Owner [or on behalf of thc AvnerJ, we request that the BOCC review the
attached Engineer's Certificate of Completion and approve a full release of the amount held in
Land Title Escrow No. 5 19857 (the "Escrow Funds") in the amount of $
Attached is the certified original cost estimate and work completed schedule, showing that all
improvements required by the lmprovements Agreement and secured by the Escrow Funds have
been completed.
Also enclosed are the following, required by the Subdivision lmprovements Agreement
dated between Owner and the BOCC, recorded at Reception No.- at
the Real Estate Records of the Garfield County Clerk and Recorder (the "SIA"):
l. record drawings bearing the stamp of Owner's Engineer certifying that all
improvements have been constructed in accordance with the requirements of the SIA,
both in hand copy and digita! format acceptable to the BOCC; and
2. copies of instruments conveying real property and other interests which
Owner was obligated to convey to the homeowner's association or other entity at the time
of fina! Plat Approval.
If further information is needed, please contact at
-.Owner or Owner's Representative/Engineer
APPROVED:
Name:
Office:
EXHIBIT F
IRONBRIDGE SUBDIVISION
AFFORDABLE HOUSING AGREEMENT
PHASE III _ IRONBRIDGE PUD
THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement") for Phase Ill of the
Ironbridge PUD is entered into and shall be effective as of the
-
day of , ,, , ",, ,2015,
by and b.t*een BLUE HERON PROPERTIES, LLC, a Colorado limited liability company
f iBHP"; and the COUNTY OF CARFIELD, COLORADO ("the County").
WHEREAS, BHP has filed a Final Plat Application for the lronbridge PUD, Phase III,
Filing l; and
WHEREAS, the Board of County Commissioners at its meeting on
-,2015
approved the Final Plat Application; and
WHEREAS, as a condition of the Final Plat approval BHP is required to enter into an
Affordable Housing Agreement with Carfield County for the completion of affordable housing
in the lronbridge PUD Phase III, Filing l.
l. Except as modified herein, the terms and conditions of the Affordable Housing
Plan attached as Exhibit I shall control as to the provision of affordable housing within Phase
lll, Filing l.
Z. BHP is required to provide the equivalent of ten percent (109i, of the free market
housing in Phase lll, Fiiing I as deed-restricted affordable housing as a component of the
affordable housing plan attached hereto as Exhibit I and incorporated herein' BHP has
designated six (6) lots within Phase III, Filing I foraffordable housing.
3. BHp shall on or before the issuance of every tenth (l0th) building permit for
construction within Phase ltl, Filing l, have made available for sale an affordable housing unit in
Phase III, Filing l, or shall have-escrowed $150,000 to be used for the completion of said
affordable housing unit. The Escrow Agreement shall be in substantially the same form as that
used for the Phase ll Affordabte Housing for the lronbridge PUD, a copy of which is attached
hereto as Exhibit 2.
4. Any modifications to the Affordable Housing Agreement shall only be made upon
approvalof the Board of County Commissioners.
5. ENTIRE AGREEMENT. This Agreement, along with any addendums and
attachments hereto, constitutes the entire agreement between the parties. The provisions of this
Agreement may be amended at any time by the mutual consent of both parties. The parties shall
no1 b. bound by any other agreements, either written or oral, except as set forth in this
Agreement.
Ironbridge Subdivision
A ffordable Housing Agreement
Phase III * Ironbridge PUD
Page 2 of4
6, GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws of the State of Colorado, and venue shall be in the County of Garfield, State of Colorado.
7. GoVERNMENTAL IMMUNITY ACT. No term or COnditiON Of this
Agreement shall be construed or interpreted as a waiver. express or implied, of any of the
irn-munities, rights, benefits, protections, or other provisions of the Colorado Governmental
Immunity Act, C.R.S. $$ 24-10-101, et seq-
8. ASSIGNABILITY. Neither party shall not assign this Agreement without prior
lvritten consent of the other party.
g, BINDING EFFECT. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective heirs, personal representatives, stlccessors,
and assigns.
I0. SURVML CLAUSE. The "lndemnification" provision set forth in this
Agreement shall survive the comptetion of the Services and the satisfaction, expiration, or
termination of this Agreement.
I l. SEVERABILITY. ln the event a court of competent jurisdiction holds any
provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
lZ. HEADINGS. Paragraph headings used in this Agreement are for convenience of
reference and shall in no way contiol or afflect the meaning or interpretation of any provision of
this Agreement.
13. NOTICES. Written notices required under this Agreement and all other
correspondence between the parties shall be directed to the following and shall be deemed
receivld when hand-delivered or three (3) days after being sent by certified mail, retum receipt
requested:
If tO BHP:Blue Heron Properties, LLC
430 lronbridge Drive
Glenwood Springs, CO 81601
Garfi eld County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
lf to County:
14. AUTHORITY. Each person signing this Agreement, and any addendums or
attachments hereto, represents and warrants that said person is fully authorized to enter into and
execute this Agreement and to bind the party it represents to the terms and conditions hereof.
lronbridge Subdivision
A flordabl e Housing Agreement
Phase lll * lronbridge PUD
Page 3 of4
15. ATTORNEYS' FEES. Should this Agreement become the subject of litigation
between BHP and the County, the prevaiting party shall be entitled to recove{y of all actual costs
in connection therewith, including but not limited to attorneys' fees and expert witness fees. All
rights conceming remedies andior attomeys' fees shall survive any termination of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Professional Services
Agreement as of the date first above written-
(Board of County Comntissioners Signatm'e Block)
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Managcment, LLC'
a Colorado limited liability company
By:
John B. Young, its Manager
and
By its Manager, CLM Blue Heron, LLC' a
Colorado limited liability comPany
James W. Light, its Manager
STATE OF COLORADO
COI.JNTY OF GARFIELD
The foregoing instrument was acknorvledged before me this da)/ of
ZOt+, Uy Blue Heron Properties, LLC by its Manager, Blue Heron
Management,t-t-C, UV its Manager, John B. Young. Witness my hand and official seal.
By:
My commission expires:
Notary Public
lronbridge Subdivision
A ffordablc Housing Agrecment
Phase lll * lronbridge PUD
Page 4 of4
STATE OF COLORADO
COTJNTY OF CARFIELD
The foregoing instrument was acknowledged before me this day of
,, 2014, by Blue Heron Properties, LLC by its Manager, CLM Blue Heron,
LLC, by its Manager, James W. Light. Witness my hand and oflicial seal.
Mv commission exoires:
Notary Public
EXHIBIT 1
IRONBRIDGE SUBDIVISION
AFFORDABLE I{OUSING PLAN PURSUA}IT TO LUDC 8.20I
PHASE III - IRONBRIDGE PUD
l. LOCATION (8-201.A.1). Phase lll of the lronbridge PUD was aPproved for
either onsite or oftsite affordable housing pursuant to Resolution 200842. At this time the
Owner is designating six (6) lots in Phase III, Filing I for affordable housing for all of Phase lll
including the future Filing 2. Lots designated arc29,42,58,59, 60 and 61.
NUMBER AND MIX OF UNITS (8-201.A.3).
Free Market Lots: Sixty-one (61) (including both Phase lll, Filing I and 2)
Affordeble Units (8-301.A): Six (6)
Minimum bedrooms required (8-301.B): 6 x 2.6 = 15.6
15.6+1.5=10.4
Mix of Units: Detached two (2) or three (3) bedroom Units
Z. SCHEDULE FOR CONSTRUCTION (St0l.A.3). Timing is controlled by the
LUDC and is anticipated to coincide with Building Permit issuance unless security is provided to
ensure eompletion. Owner will comply with to Resolution 2008-42, which requires construction
of affordabie units equal to l0% of the unrestricted units which have been sold, or made
available for sale.
3, UNITS By CATEGORY (8-20t.A.4), Six (6) detached two (2) or three (3)
bedroom units with a minimum square footage of 950 sq. ft. Lot size will be as shown on the
Phase III, Filing I Final Plat,
4. PROPOSED HOA DUES (8-201.4.5). As the exact timing of construction is
unknown and the Ironbridge IPOA may have changes to their cunent fee structure the exact
HOA fees are unknown. Ho*.u.r, HOA fees will be consistent with LUDC $ 8'302(5) which
limits the maximum amount to either a prorated portion of the free market dues, or 75% of free
market if proration is not possible. Current IPOA fees including lronbridge Club dues are
5329.00 per month.
S. FORM OF DEED RESTRICTION (8-201.4.6). The then cunent County
approved form of deed restriction will be used at the time of sale of the affordable housing units.
6. FINANCTAL SECRUTTY (8-201.A.8). The form of SIA provided by the
County Attorney includes Security for affordable housing. The Owner proposes that the
financial security associated with the affordable units be separate from the SIA and anached to
the final Affordable Housing Agreement as approved by the BOCC'
7. OFFSTTE AFFORDABLE HOUSING (8-20t.A.9), The lronbridge Phase III
Preliminary Plan approved either onsite or offsite affordable housing for this Phase pursuant to
Resolution 2004-20. Currently there are twenty-four (24) Units constructed and occupied in the
tronbridge PUD making it one of the largest single contributors of affordable housing in Garfield
County Planning Area l. As noted in I above onsite lots are being designated for aflordable
housing.
8. COMPLIANCE WITH AFFORDABLE HOUSING GUIDELINES (8-
20f.A.10). Owner intends to fully comply with the Garfield County Housing Authority
Cuidelines. Owner has worked closely with GCHA on Phase II affordable unit sales and is
familiar with the regulations and process.
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This Escrow Agreemeut is cntercd into by and betwecn LB Rosc Rancb LLC ('Rosc
Rmch't;; thc Board-oiCounty Commissioncrslor Garfield County, Colorado ("BOCC') and
Lr"r"'ff"fa* for lhc purpose'of sc,curiag lhc comptetion of construction of dced rssfictcd
.forOuUt. housing uuiu ('ifforasUlc Uoits'), as dcnnea pndcr Section 4.14 of lhe Garlield
ffi, Za61RJsolution of 1978, as amendc4 withiu lronbridge Planaed Uoil Devclopmeat,
it*"'n *a-pm.r ilI, all io acrondancc wilb B9CC Resolution No' 206ao ('Pt'D
Aproval'), which providcs in rclevant part:
ln order lo ensrue that a{fordable dwclling units arc nudc available for salc in a
m66er conespooding to thc developmeut of non-resticlcd lor within the Iirst
subdivisiou phase an-rl all subsequent phrscs of the lronbridgs PUD, Applicaot
rt "tl
U" ,cquiled at all timcs aud nstii coostruclion of the cntirc 30 affordablc
a*Jfiog *itr i, complctc, fo have co[structsd and sold or coustructsd and [sic]
avoilabii for sale, atrordgble dwelliug units iu a number equal to l07o oflhe tolal
nuober of unresticfed uoits which Gvc at tbEt tiEc bccn sold or mads arailablc
for roi.t. Ifat aoy time, tbis perccutagc fslls betow that rcquired l0%, Applicaot
. ;h"ll be requircd for iach zuch deficieot affordsble dwclliug gni! to place
0150,000 into ar escrow sccount in fevor of the Board or to povide eucb otber
r*,rity io Iicu thcrcof as may b€ acccpEblc to lhc Boald, which funds or security
tbe Bosrd will tlon apply towrrd lhe cmstruction of the allordable dwclliog unit'
Iin accordance with thc abovc, Escmw Holder is instuctcd to disburse tha frnrds
dcpositJ hcrcin undcr Scbcdule A fiscrow Dcposit')z, as follows:
To Rosc Ralcb
Escrow Holder sball disbu$e lbe sum of $37,500.00 io Rosc Ramh upoo Escrgw
Holder'i receipt of rvritlcn coafinustiot ihat 8s to each A-ffordable Unit $e followlng
stage of coostsuction inspcctioo has bcsu utisfrct'orily complctcd:
t. Footing and Foundation Wall;
2. Plunbilg, Chimlcy rnd Vcnt and gas piping;
3" Framing aad lnsutation and Drywall;
4. Certifieats of0ccupaacy (Iemporary or Final)
said rum sball bc disburscd for eacb such Alrordsbte unil ot the compledoa of each
idcntificd rt4gc of constucfion inspcction hqcinabovc idcutified' Writleo coufirmation
shsll be mate utilizing rie etandard construction inspcctioa Proccss uudcr the crrrcot
I At itr rotiog o{ Novcnbtr 13, 2007, thc EOCC by arothn drdfrd lhr nenlng of thc phnx, 'urnreio'd u'dlr wht'h rr lhrt
Ucrc hrvebcciadd or.eda.rrilrblrtorrala'to oErlr umElard unlB luwhtdlit d6crl.r ol-cuprngthrvctrcrboued',Al
Uf, o*Uq; EOCC rbo ly rm[on rnd wlth lhc rgrcrncar ol or Xandr lrquhd lh.l r6Ei(tld unlb cqurltng thc lhm rtqu[td
f o* of *r[Ua.a unlc, ir abort dcfincd, bc ru6c rvrlrblc lc ulc Dy Dtorobc 3I' zlE'
i Tlr pr,ent Sshdulc A DEPorfu wgt orpured oo thc blrlc oI th. rolrl unrEkicled lotl fot whldr c!d6r.lE of Ocnlprtcy hrd
btar iirrr:d on Dtcaat t 3l,:tr/. tnxtordenct wllh th" rbov? dt'd Fdotr o! !1n{O-rprpqv!' addldmd ftu& rlry be
I.prrfrJru ti. SA.a,U. ,t O.po.fu Uy no, Ranch whlch rddltbnrt t m& rhrl bc di+und ln rccordrnct wnh $. pmvblotti
hrrch t!! lortft.
Erhlblt I to Escrottt Agnemcnt
Pagc t Erbibit A
QluLrL-xofvtiu)'ilExrtu m ddaLt{Ell1tr,l} A E Effi at'6''l'4tclm&
Illl tlttl&tlffilil,!{lt,l{fi ,!{Ifi l{fHl'l+LlfiIlll'l ll lll
$i?I'4"fl':'f HJ**{:P[."'p:!a1H'aifi F,ELDco,Nryco
Garfield Couuty Buildiug Code cmployed by the Garficld County Building Dcpartneot
*O ,tutt bc si;ci Uy tti Cametd bounty Planniog Dircctoror his or hor desipcc. All
interest on rbe Escrow Deposit accrued during the icrm of this Escrow Agrccment sball
be disbursed lo Rosc Rancb upon coufirmetion of complclion of the last required
Affor&blcUnir
The proccdrucs set fonh hereiubove are inlended to Sovem t! tT"' ir which thc
E*I;; Ouposit arc disburscd ro Rose Rancb and shstt oot affccl iu any rcsptct tbe
*ro.r oi conduct of iuspections to bc pcrformcd by thc OIfice of the Garficld County
Building lrupector.
To the BOCC
Escrow Holder statl disbrusc the balancc of thc Escrow Dcposit, logetber with all
accrucd interest, m the BOCC upoo EscroW Holdcr's rcccipt of a duly approved writtes
rcsolutior orte aocc coofrrming ft8t the BOCC has dctermincd Rosc Ranch to bc in
default under the PUD Approvrt. Such delcrmioation shall bc madc at a duly noticcd
prlfi" ,*tl"g for whicbitosc Rauch has becn provided two wcets advanccd urittetr
nolice.
Rose Ranch hercby waives any and alt clsims ag&i1st thc BOCC, itr ofliccrs, cmployces,
agcots and ,oofiaoo on sccoutrt of cach of tbcir good Flh pcrformance of their
of,ligatioos uodcr this Essrow Agrecrncnl. Rosc Rsnch sball defend, indcrnaifr and hold
ha#less thc BOCG iU offieem. employccs, agenls and contractors tom and against any
claim madc m accousl of this Escrow Agrecmcnt
E llbit A lo E,cmw Agteencnt
P4a 7
o$.rr trsoF/EtlrYEfi1k lMtdar*ildlEr!$. AEEs rriil l'l!{ (lade
EXHIBIT G
Note to Lot Orvncrs With Respect to Completion of Public Improvements
You are being provided this Notice in connection with certain development activity
occurringon the ptrasi itt of the lronbridge Subdivision and to inform you of the completion of
certain puUtl. improvements required under the Subdivision Improvements Agreement (subject
to any amendments of record, the *SIA") between BIue Heron Properties, LLC (the
"Deveioper"), and the Board of County Commissioners ofl Carfield County, Colorado (the
*BOCC';), which was recorded in the Carfield County Clerk and Recorder's office on '
2015 under Reception No._.--...-.
As a result of the completion of these public improvements, certain funds held in escrow
to secure the construction of the public improvements will or have been released to the
Developer by the BOCC or its duly authorized representative.
Nothing is required or expected of you in connection with this notice. For further
information, you or your legal counsel may review the provisions of the SlA.
**{'End ofNotice***
Crvru ENetHegelnc LAND SURVEYING
Exhibit
HMay 22,2015
Garfield County Community Development Department
c/o Kathy Eastley
108 Eth Street, #4Q I
Glenwood Springs, CO 81601
RE: Offsite Road lmprovement Fess Paid To Date- Ironbridge Subdivision
Kathy;
The lronbridge Subdivision has completed multiple offsite roadway improvements that benefit
the public Right of Way system. These improvements were focuses around the 2001 and 2002
timi period and include CR 154/Highway E2 intersection widening, acceleration and
deceleiations tane additions and a traffic signal installation. Multiple improvements along CR
109 adjacent to the subdivision were also made, including lane widening for the subdivision that
created new sections of asphalt roadway, reptacing the old asphalt that was wearing and would
have required repair by the County. Drainage improvements were also made along CR 109 to
atlow for the west roadside swale to function properly and transfer water through the new
subdivision.
Attached is the original, unsigned, contractual agreement for these road improvements to be
completed by Gould Construction. This is not an engineer's estimate of the work, this the actual
agreed upon bid amount for the work to be completed.
Please feel free to call or email to discuss any question you may have.
Sincerely,
tu"lH
Matt Langhorst, P.E.
High Country Engineering, lnc.
l5l7 Bluhc Avcnuc, Suitc l0l
Clcnrrood Springs, CO 81601
970.945.8676 phonc
970.945.2555 fat
ssrv.hceng,com
@
Atr Erylolrc osnr'l CorFeY
County Road 109 / CountY Road 154 Project No. 2000075.02
THE AGREEMENT, made this
LLe hereinafter called "OWNER" and
ffie i nuft i i cut l.d';Cot'ttRACToR'.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
l. The CONTMCTOR rvill commence and complete the construction of the Rose Ranch
P.U.D. - County Road 109 / County Road 154 Project
Z. The CONTRACTOR rvill furnish all of the material, supplies, tools, equipmenl labor and
ottler si*ices necessary for the construction and complLlion of the PROJECT described
herein.
3. The CONTRACTOR will commence and complete the work required by the CONTRACT
DOCUMENTS as stated in the NoTICE TO PROCEED dated 200!r-
uniessthJperiod for completion is extended othenvise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR asrees to perform allof the WORK described in the CONTRACT
DOCUMENTS and cofrply rvith the terms therein for the sum of $-!!{l@'
5. The tenn "CONTRACT DOCUMENTS" means and includes the following:
INVITATION TO BID
INSTRUCTIONS TO BI DDERS
BID
BID BOND
AGREEMENT
PAYMENT BOND
PERFORMANCE BOND
NOTICE OF AWARD
NOTICE TO PROCEED
CHANGE ORDER
GENEML CONDITIONS
SUPPLEMENTARY CONDITIONS
SPECIFICATIONS prepared by High Country Engineering, lnc.
ADDENDA:
Those sections applicable to this contract in Addendum Numbers l-8
DRAWTNGS prepared by High Country Engineering, Inc., numbered Sheets I through 80.
S" The OWNER willpay to the CONTRACTOR in the manner and at such times as set forth in
the CeneralConditioirs such amounts as required by the CONTRACT DOCUMENTS'
7, This Agreement shatl be binding upon all parties hereto and their respective heirs, executors,
adminiitrators, succsssors, and assigns.
bv and between L.B. Rose Ranch.
rsi-ao i n g b us i n eEiTi6S6Eii6i-
A-l
AGREEMENT
of
IN WITNESS WHEREOF. the parties hereto have executed, or caused to be executed by their
duty authorized officials, thls Agreement in three (3), each of which shall be deemed an original
on the date first above written.
County Road 109 / County Road 154
(sEAL)
ATTEST:
Name
Title
(sEAL)
ATTEST:
Name
Title
(Please Type)
Name William J. Hatch.
(Please Type)
Project No. 2000075.02
OWNER:
L.B. Rose Ranch. LLC
Title Manasing Princioal
Address c/o Cate Capital. LLC
650 Delancv Street
San Francisco. CA 94107
Clenwood Snrines. CO 81602
Telephone (9701945-7291
BY
Telephone
CONTRACTOR:
Gould Construction. Inc.
BY
(Please Type)
Name MarkSould -.(FieaseTrpil-
Title Orvner
Address P.O. Box 130
4.3
/Apptiiltion [nnutidgc Pharc I
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of
SECOND SUPPLEMENT
TO
RESTATED DECLARATION OF
COVENA}ITS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
IRONBRIDGE
This Second Supplement to the Rcstated Declaration of Covenants, Conditions,
Restrictions and Easements for lronbridge (the "second Supplement to Declaration") is made as
,2015 by Blue Heron Properties, LLC, a Colorado Iimited liability company
("Declarant").
WITNESSETH:
WHEREAS, Declarant has heretofore caused to be recorded a Restated Declaration of
Covenants, Conditions, Restrictions and Easements for Ironbridge on March 18, 2003, at Book
1447, Page 884 in the Garfield County, Colorado real property records (as amended or
supplemented from time to time, including by that certain first supplement dated Jun I6,2016
and recorded on July 19, 2006 under Reception No. 702422, the "Declaration"); and
WHEREAS, in Article l5 of the Declaration, Declarant expressly reserved for itself and
its successors the right to expand the Property (all capitalized terms used herein shall have the
meanings as defined in the Declaration, unless otherwise defined or modified herein) by
annexing and submitting all or a portion of the Annexable Property to the terms and conditions
of the Declaration and creating Lots and/or Common Area by one or more duly recorded
Supplemental Declarations and Supplemental Plats; and
WHEREAS, Declarant wishes to submit to the Property the real property described as
Lots 20 through 42, inclusive, Lots 50 through 61, inclusive, and all Common Area and other
real property described in Phase Ill o[ the lronbridge Planned Unit Development, according to
the Plat thereof, recorded 0r , 2015, at Reception No. , in the Garfield
County, Colorado real property records (the "Phase lll, Filing I Plat") (such real Property
hereinafter referred to as the "second Supplemental Property")'
WHEREAS, Declarant wishes to reserve the right for itself and its successors to further
expand the Property in the future in accordance with the Declaration,
NOW, THEREFORE, Declarant hereby declares that both the Property and the Second
Supplemental Property shall be held, sold and conveyed subject to the following covenants,
conditions, restrictions and easements and the covenants, conditions, restrictions and easements
contained in the Declaration, which are for the purpose of protecting the value and desirability of
the Property, rvhich includes pursuant to this instrument the Second Supplemental Property, and
which shall run with the land and be binding on all parties and heirs, successors and assigns or
parties having any right, title, or interest in all or any part of the Property, including the Second
Supplemental Property.
Second Supplement to Declaration
Page I of3
l. General. The terms and provisions contained in this Second Supplement to
Declaration shall be in addition and supplemental to the terms and provisions contained in the
Declaration. All terms and provisions of the Declaration, including all definitions, except those
terms and provisions specifically modified herein, shall be applicable to this Second Supplement
to Declaration and to the Second Supplemental Property. The definitions used in the Declaration
are hereby expanded and shall hereafter and in the Declaration be deemed to encompass and
refer to the Property as defined in the Declaration and the Second Supplemental Property as
defined herein. For example, "Lot" means the Lots described in the Declaration plus the
additional Lots described above and on the Phase lll Plat; as another example, "Property" means
the Property described in the Declaration plus the Second Supplemental Property; as another
example, "Common Area" means the Common Area described in the Declaration plus the
additional Common Area depicted on the Phase III Plat; as a final example, "Declaration" means
lhe Declaration as supplemented by this Second Supplement to Declaration. All ownership and
other rights, obligations and liabilities of Orvners of original Units are hereby modified as
described herein.
2, Annexation of Second Supplemental Propertv. The Second Supplemental
Property is hereby and, upon the recording of this Second Supplement to Declaration and the
Phase lll Plat shall be, annexed into the Property, and each Lot, Common Area, and other
property within the Second Supplemental Property shall be subject to all of the covenants,
conditions, restrictions and easements as contained in the Declaration.
3. Effect of Exoansion. Assessments by the Association as provided in Article I I of
the Declaration, upon the recordingof this Second Supplement to Declaration and the Phase lll
Plat, shall be assessed to all Owners in accordance with Article ll, regardless of rvhether such
Owner is the owner of property which is part of the Second Supplemental Property or part of the
definition of the Property prior to the recording hereof. Notwithstanding any inclusion of
additional real Property under the Declaration, each Owner (regardless of whether such Owner is
the owner of Property which is part of the Second Supplemental Property or part of the defrnition
of the Property prior to the recording hereo$ shall remain fully liable with respect to his
obligation for the payment of the Common Expenses of the Association, including the expenses
forany new Common Area, costs and fees, if any. The recording of this Second Supplement to
Declaration shall not alter the amount of the Common Expenses assessed to an Owner prior to
such recording.
4. Severabilitv. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
5. Conflicts Between Documents. ln case of conflict between the Declaration, as
supplemented hereby, and the articles of incorporation or bylaws of the Association, the
Declaration as supplemented shall control.
End of Insn'ument
Signature Page Follorvs lmmediately
Second Supplement to Declaration
Page 2 of3
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Bluc Hcron Managcment, LLC,
a Colorado limited liability company
John B. Young, its Manager
and
By its Manager, CLM Blue Heron, LLC, a
Colorado limited liabilify company
By:
James W. Light, its Manager
STATEOFCOLORADO )
)ss.
cotiNTY oF CARFIELD )
The foregoing instrument was acknowledged before me this _ day of _,2015, by Blue Heron Properties, LLC by its Manager, Blue Heron Managernent, LLC, by its
Manager, John B. Young. WITNESS my hand and officiat seal.
My commission expires:
Notary Public
STATE OF COLORADO
COUNTY OF GARFIELD
By:
)
)ss.
)
The foregoing instrument was acknowledged before me this
2015, by Blue Heron Properties, LLC by its Manager, CLM l
James W. Light. WITNESS my hand and official seal.
My commission expires:
Notary Public
Second Supplement to Declaration
Page 3 of3
-
day of
-,
Blue Heron, LLC, by its Manager,
From:
Sent:
To:
Cc:
Subject:
Kathy A. Eastley
Wednesday, September 09, 2015 1 1:45 AM
Karl J. Hanlon (kjh@mountainlawfirm.com); Matt Langhorst
Kelly Cave;Tamra Allen; Fred Jarman
lronbridge lnformation
Karl,
Listed below is the information required to be submitted, along with timelines for submittal. Please submit the
following final draft information prior to 5 p.m. today - this submittal will allow staff adequate time to review and
provide comments, if necessarY.
L. Signed mylar - all signatures must be executed except for the County Surveyor, Board of County Commissioners,
and the Clerk and Recorder;
Z. Affordable Housing Agreement, including Declaration of Deed Restriction and form for housing escrow
agreemenu
3. lmprovements Agreement with all exhibits;
4. Treasurer's Deposit Agreement for Revegetation.
prior to the meeting on the 21't you will need to provide staff signed copies of the above documentation along with:
1. A check for 530.000.00 for revegetation;
2. A check for s36,785 .70 for fee in-lieu of school land dedication
3. Signed lmprovements Agreement with all exhibits;
4. Documentation that that the required funds are in the escrow accounU
5. A letter from the Fire District that impact fees have been paid.
I hope this lists helps to put together the outstanding information necessary for this final plat process'
you had requested form documentation for the declaration of deed restrictions, housing escrow aBreement, etc. Be
aware that these are not County forms - the Applicant is required to provide that documentation to the County for
review and the documentation must be relevant to the current request.
Feel free to contact me with any questions-
Kothy Eostley, ATCP
Senior Plonner
Gorf ield County Community Development
108 8th Street, #4Ol
Glenwood Springs, CO 8t60t
Phone: 970-945-1377 ext. t58O
Fox: 970-384-3470
keost ley@gorf i eld-county.com
From:
Sent:
To:
Cc:
Subject:
Wednesday, September 09,2015 1 1:19 AM
matt@hceng.com
Karl Hanlan ; Kathy A. Eastley; Tamra Allen; Kelly Cave; Andy Schwaller
lronbridge
Hi Matt,
Thanks for your message.
I was able to review the Bocc hearing yesterday and their direction to have all the final documents to review on
September 21't. Based on their direction, we will not move any other part for the project forward prior to their action on
the 21't as set by the BOCC.
Thanks,
Fred
Fred A. Jarman, AICP
Director, Ga rfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 94s-8212 (desk)
(970) 987-1811 (mobile)
www.ga rfie ld-cou ntv.com
t?
Fred Jarman
Fred Jarman
Kath
From:
Sent:
To:
Cc:
Subject:
Thursday, September
Matt Langhorst
Karl Hanlan ; Kathy A.
RE: lronbridge
10,2015 9:04 AM
Eastley; Tamra Allen; Kelly Cave; Andy Schwaller
Hello Matt,
I appreciate and understand your request. We look forward to presenting and discussing your client's complete and
accurate Final Plat documents on the 2L't as directed by the BOCC at their Tuesday afternoon meeting.
Thanks,
Fred
From: Matt Langhorst Imailto: Matt@hceng.com]
Sent: Thursday, September 10, 2015 8:21AM
To: Fred Ja rma n <fja rma n @ga rfield-cou nty.com >
Cc: Karl Hanlan <kjh@mountainlawfirm.com>; Kathy A. Eastley <keastley@garfield-county.com>; Tamra Allen
<tallen@garfield-county.com>; Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-
county.com>
Subject: RE: lronbridge
Fred,
I would love to have a moment of all your time to discuss the situation. I took away from the BOCC meeting that the
Boardwasinfavoroftheproject,buttheywantedsomelegalT'scrossedandl'sdotted. Thesetof planshadveryfew
comments, all of which have been updated on the plans and are ready to go. We currently have a half built Filing #1
which the owners 100% intended to move forward with the other half of it and the grading work starting early by a few
days does not seem to me to be a very big request. As I stated to Andy in my grading request is that the owners are
already SZ50,OOO dollars out of pocket on this project, which is a very small project in the scheme of subdivisions, so
there is no chance that they are going to pull out and lose that money with no lot production in the end. The owners
have done nothing but work with the lronbridge community and the County to bring the subdivision back to the
prominence that it was always intended to be in this location of the valley. I am not sure why the County is denying
them the ability to start on landscape earthmoving on an already platted piece of property that has already been half
graded up to this point.
please let me know if you or any of the people on this email list would be available to sit down this morning, this
afternoon or Friday to discuss the situation. Time and location are flexible to me.
Thanks,
Matthew Langhorst
High Country Engineering, lnc
1517 Black Avenue, Suite 101
Glenwood Springs, CO 81601
(o) 970-945-8676
(cl970-379-9847
e
NOTICE: Use o{ this electronic media by anyone other than High Country Engineering Inc. shall be at the sole risk o{
such user and without liability or legal e.rposure to High Country Engineering, Inc. By sauittg these file(s)' the user
accepts responsibility for this electronic media,
From : Fred Jarman Imailto :fjarma n@garfield-cou nW.com]
Sent: Wednesday, September 09, 2015 11:19 AM
To: Matt Langhorst
Cc: Karl Hanlan ; Kathy A. Eastley; Tamra Allen; Kelly Cave; Andy Schwaller
Subject: Ironbridge
Hi Matt,
Thanks for your message.
I was able to review the BOCC hearing yesterday and their direction to have all the final documents to review on
September 21't. Based on their direction, we will not move any other part for the project forward prior to their action on
the 21't as set by the BOCC.
Thanks,
Fred
Fred A. Jarman, AICP
Director, Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 94s-8212 (desk)
(970) 987-1811 (mobile)
www.Ra rfield -co u ntv.co m
l?
IRONBRIDGE SUBDIVISION
IMPROVEMENTS AGREEMENT
THIS IRONBRIDGE SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") iS
, 2015, by and between BLUEmade and entered into this _ day of
HERON PROPERTIES, LLC ("Owner")
OF GARFIELD COUNTY, COLORADO,
Colorado, as a body politic and corporate,
agents ("BOCC").
3. Asa
as required by the
Development Code
the BOCC.
and the BOARD OF COUNTY COMMISSIONERS
acting for the County of Garfield ("County"), State of
directly or through its authorized representatives and
Recitals
1. Owner is the owner and developer of the Ironbridge Subdivision (the
"subdivision"), which property is depicted on the Final Plat of Ironbridge Subdivision, Phase III,
Filing I ("Final Plat"). The real property subject to this SIA is described in that Final Plat,
recorded at Reception Number in the Clerk and Recorder's records of
Garfield County, Colorado and incorporated by this reference.
2. On December 10, 2007, the BOCC, by Resolution No. 2008-42, recorded at
Reception Number 746338 of the real estate records of Garfield County, Colorado and
incorporated by this reference, approved a preliminary plan for the Subdivision which, among
other things, would create sixty-one (61) single-family, and open space/common area parcels
("Preliminary Plan Approval").
condition precedent to the approval of the Final Plat submitted to the BOCC
laws of the State of Colorado and by the Garfield County Land Use and
of 2013, as amended ("LUDC"), Owner wishes to enter into this StA with
4. Owner has agreed to execute and deliver security in a form satisfactory 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 within the subdivision as more fully set forth below.
5. Owner represents that at the time of recording this SlA, all taxes and assessments
upon all parcels of real estate described in the Final Plat are paid in full.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and promises contained herein, the BOCC and Owner ("Parties") agree as follows:
Aqreement
l. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final
Plat on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary
Plan Approval, and the requirements of the LUDC and any other governmental or quasi-
governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of
the Final plat in the records of the Garfield County Clerk and Recorder shall be in accordance
with this SIA and at the time prescribed herein.
2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Except as otherwise provided
in this SIA with regard to the Affordable Housing Units (as hereinafter defined), Owner
shall cause to be constructed and installed the subdivision improvements, identified in the
Exhibits defined in subparagraph2.a.i, below ("subdivision Improvements") at Owner's
expense, including payment of fees required by the County and/or other governmental
and quasi-governmental entities with regulatory jurisdiction over the Subdivision. The
Subdivision Improvements shall be completed on or before the end of the first full year
following .*..ution of this SIA ("Completion Date"), in substantial compliance with the
following:
i. Plans marked "Approved for Construction" for all Subdivision
Improvements prepared by High Country Engineering and submitted to the
BOCC on _,2015, such plans being summarized in the list of
drawings uttu"h.d to and made apart of this SIA by reference as Exhibit A; and
the estimate of cost of completion, certified by and bearing the stamp of Owner's
professional engineer licensed in the State of Colorado ("Owner's Engineer"),
attached to and made a part of this SIA by reference as Exhibit B, which estimate
shall include an additional ten (10) percent of the total for contingencies
(collectively the "Cost Estimate");
ii. All requirements of the Preliminary Plan Approval;
iii. All laws, regulations, orders, resolutions and requirements of the
County and all special districts and any other governmental entity or quasi-
governmental authority with j uri sdiction ; and
iv. The provisions of this SIA and all other documentation required to
be submitted along with the Final Plat under pertinent sections of the LUDC
("Final Plat Documents").
Notwithstanding anything to the contrary contained in this SIA, the timing requirements and
criteria for substaniial completion of the Affordable Housing Units shall be as set forth in
paragraph4 below.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees
that (l) if all Subdivision Improvements are constructed and installed in accordance with
this paragraph2; (2) the record drawings have been submitted upon completion of the
Subdivision Improvements, as detailed in paragraph 3(h), below; and (3) all other
requirements of this SIA have been met, then the Owner shall be deemed to have satisfied
all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and
the LUDC, with respect to the installation of Subdivision Improvements.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT
R.EVEGBTATION).
a. Subdivision lmprovements Security and Substitute Collateral. As security
for Owner's obligation to complete the Subdivision Improvements Owner shall deliver to
the BOCC, on or before the date of recording of the Final Plat, a form of security deemed
adequate by the BOCC and payable to the County, attached to and incorporated in this
SIA by reference as Exhibit C ("Security"). The Security shall be in the amount equal to
the Cost Estimate. The Security shall be valid for a minimum of six (6) months beyond
the Completion Date (the "Expiration Date").
b. Security Requirements and Plat Recording. The Final Plat shall not be
recorded until the Security has been received by the County and approved by the BOCC.
c. Extension of Expiration Date. If the Completion Date is extended by a
written amendment to this SIA, the time period for the validity of the Security shall be
similarly extended by the Owner. For each individual extension that is in excess of six
(6) months, at the sole option of the BOCC, the cost of completion of the remaining
Subdivision Improvements shall be subject to re-certification by Owner's engineer and
review by the BOCC. To the extent the cost of completion of the Subdivision
Improvements, plus an additional ten percent (10o/o) of such cost for contingencies,
differs from the face amount of the remaining Security, the amount of such Security shall
be adjusted upwards or downwards, as appropriate.
d. Unenforceable Security. Should the Security expire or become void or
unenforceable for any reason prior to the BOCC's approval of Owner's engineer's
certification of completion of the Subdivision Improvements or, with regard to the
Affordable Housing Units, prior to the issuance of a certificate of occupancy for the last
Affordable Housing Unit required per this SIA, including bankruptcy of the Owner or the
financial institution issuing or confirming the Security, this SIA shall be voidable by
action of the BOCC and, upon such action, this SIA shall be of no further force and effect
and the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the
Security, and shall do so by means of submission to the BOCC of a "Written Request for
Partial Release of Security," in the form attached to and incorporated by this reference as
Exhibit D, accompanied by the Owner's engineer's stamped certificate of partial
completion of improvements. The Owner's engineer's seal shall certify that the
Subdivision Improvements have been constructed in accordance with the requirements of
this SIA, including all Final Plat Documents and the applicable provisions of the
Preliminary Plan. The BOCC shall authorize successive releases of portions of the face
amount of the Security as portions of the Subdivision Improvements are certified as
complete in the manner set forth in this subparagraph 3.e and to the satisfaction of the
BOCC. Notwithstanding anything to the contrary contained in this SIA, including,
without limitation, the BOCC's rights of investigation established by this paragraph 3.
f. BOCC's Investigation. Notwithstanding the foregoing, upon submission
of the Owner's Written Request for Partial Release of Security, along with Owner's
engineer's certificate of partial completion of improvements, the BOCC may review the
certification and the Preliminary Plan, and may inspect and review the Subdivision
Improvements certified as complete to determine whether or not they have been
constructed in compliance with relevant specifications, as follows:
i. If no letter of potential deficiency or determination that applicable
requirements of the Preliminary Plan have not been satisfied is furnished to
Owner and the Escrow Holder by the BOCC within fifteen (15) calendar days of
submission of Owner's Written Request for Partial (or Full) Release of Security,
accompanied by Owner's engineer's certificate of paftial completion of
improvements, all Subdivision Improvements certified as complete shall be
deemed approved by the BOCC, and within three (3) business days of such
improvements being deemed complete, the security shall be released to the Owner
in the amount p.ouid.d in the Written Request for Partial (or Full) Release of
Security.
ii. If the BOCC chooses to inspect and determines that all or a portion
of the Subdivision Improvements certified as complete are not in compliance with
the relevant specifications or that applicable requirements of the Preliminary PIan
have not been meq the BOCC shall furnish a letter of potential deficiency to the
Owner, within fifteen (15) calendar days of submission of Owner's Written
Request for Partial Release of Security.
iii. If a letter of potential deficiency is issued identifying a portion of
the certified Subdivision Improvements as potentially deficient and there are no
outstanding requirements of the Preliminary Plan that are applicable to the subject
improvements, then all Subdivision Improvements not identified as potentially
deicient shall be deemed approved by the BOCC, and the BOCC shall authorize
in writing release of the amount of Security related to the Subdivision
Improvements cerlified as complete and not identified as potentially deficient.
iv. With respect to Subdivision Improvements identified as potentially
deficient in a letter of potential deficiency or as not meeting all applicable
requirements of the Preliminary Plan, the BOCC shall have fifteen (15) calendar
days from the date of the letter to complete the initial investigation, begun under
,r6pu.ug.uph 3.f.ii. above, and provide written confirmation of the deficiency(ies)
to the Owner.
v. If the Bocc finds that the Subdivision Improvements are
complete and in compliance with the relevant specifications and that all
applicable requirements of the Preliminary Plan have been met, the BOCC shall
ntify the Owner and the Escrow Holder in writing and the security shall be
released to the Owner in the amount provided in the Written Request for Partial
(or Full) Release of Security. within three (3) business days after completion of
such investigation.
g. BOCC Completion of Improvements and Other Remedies. If the BOCC
finds, within the fifteen (15) day period of time defined in subparagraph 3.f.iv. above,
that the Subdivision Improvements are not complete, or if the BOCC determines that the
Owner will not or cannot construct any or all of the Subdivision Improvements (whether
or not Owner has submitted a written request for release of Security), or that applicable
requirements of the Preliminary Plan will not or cannot be met, the BOCC may withdraw
and employ from the Security such funds as may be necessary to construct the
Subdivision lmprovements in accordance with the specifications or to satisfy the
Preliminary Plan requirements applicable to the Subdivision, up to the remaining face
amount of the Security. In such event, the BOCC shall make awritten finding regarding
Owner's failure to comply with this SIA or applicable requirements of the Preliminary
Plan prior to requesting payment from the Security, in accordance with the provisions of
Section l3-106 of the LUDC. In lieu of or in addition to drawing on the Security, the
BOCC may bring an action for injunctive relief or damages for the Owner's failure to
adhere to the provisions of this SIA regarding the Subdivision Improvements and
satisfaction of requirements of the Preliminary Plan applicable to this Subdivision.
h. Final Release of Security. Upon completion of all Subdivision
Improvements and requirements of the Preliminary Plan applicable to the Subdivision,
Owner shall submit to the BOCC, through the Community Development Department: I )
record drawings bearing the stamp of Owner's engineer certifying that all Subdivision
Improvements, including off-site improvements within the jurisdiction of the County,
have been constructed in accordance with the requirements of this SIA, including all
Final Plat Documents and applicable requirements of the Preliminary Plan, in hard copy
and digital format acceptable to the BOCC; 2) copies of instruments conveying real
property and other interests which Owner is obligated to convey to the property owners
association of the Subdivision (the "POA") or any statutory special district or other
entity; and 3) a Written Request for Final Release of Security, in the form attached to and
incorporated herein as Exhibit E, along with Owner's engineer's stamp and certificate of
final completion of the Subdivision Improvements. Upon receipt of the foregoing, the
BOCC shall take the following action:
i. The BOCC shall authorize a final release of the Security after the
Subdivision lmprovements are certified as final to the BOCC by the Owner's
engineer and said final certification is approved by the BOCC. If the BOCC finds
that the Subdivision lmprovements are complete, in accordance with the relevant
specifications, and that all requirements of the Preliminary Plan applicable to the
Subdivision have been satisfied, the BOCC shall release the final amount of the
Security within ten (10) business days following submission of the Owner's
Written Request for Final Release of Security accompanied by the other
documents required by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon owner's written Request for
Final Release of Security, accompanied by Owner's engineer's certificate of final
completion of improvements, the BOCC may inspect and review the Subdivision
Improvements certified as complete. If the BOCC does so review and inspect, the
process contained in paragraph 3.f. above, shall be followed. If following such
inspection, the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, and that all requirements of the
Preliminary Plan applicable to the Subdivision have been satisfied, the BOCC
shall release the final amount of the Security within ten (10) days after completion
of such investigation.
iii. If, following the inspection contained in paragraph 3.f, the BOCC
finds that the Subdivision Improvements are not complete, in accordance with the
relevant specifications, and/or that requirements of the Preliminary Plan
applicable to the Subdivision have not been satisfied, the BOCC may complete
the remaining Subdivision Improvements and satisfy the applicable requirements
of the Preliminary Plan, or institute court action in accordance with the process
outlined in paragraph 3.g. above; provided, however, that such action may only be
taken by the BOCC if the BOCC determines in its reasonable discretion that the
subject Subdivision Improvements will not or cannot be satisfactorily completed
on or before the Completion Date and, provided further, that the BOCC shall
provide Owner a reasonable opportunity to cure (as provided in paragraph 12
below) any identified deficiency(ies) or violations prior to initiating any of the
self-help remedies described herein, including, without limitation, commencing
work on the Subdivision Improvements, requesting payment from the Security,
initiating the forfeiture proceedings set forth in Section 13-106 of the LUDC, or
filing a civil action.
4. SECURITY FOR REVEGETATION.
a. Revegetation Account and Substitute Collateral. $30,000 of the face
amount of the Security , specified in Paragraph 3a above, shall be allocated to
revegetation of disturbed areas within the Subdivision, the cost for which is detailed as a
subdivision improvement in Exhibit B. Revegetation of disturbed areas in the
Subdivision, the costs for which is detailed as a subdivision improvement in Exhibit B,
shall be secured by Ironbridge Phase III, Filing 1 Revegetation Treasurer's Account
Agreement between the Owner, the BOCC and the Garfield County Treasurer, attached
to and incorporated in this SIA by reference as Exhibit F ("Revegetation Account
Agreement"). The Revegetation Account Agreement shall be valid for a minimum of
two (2) years following recording of the Final Plat.
b. Revegetation Account General Provisions. The provisions of paragraphs
3.b.,3.c. and 3.d., above, dealingwith Bond requirements, extension of expiration dates,
increase in face amounts, plat recording and plat vacating shall apply to the Revegetation
Account.
Revesetation Review and Notice of Deficiency. Upon establishment of
revegetation, the Owner shall request review of the revegetation work by the Garfield
County Vegetation Management Department, by telephone or in writing. Such review
shall be for the purpose of verification of success of revegetation and reclamation in
accordance with the Garfield County Weed Management Plan 2000, adopted by
Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and
Recorder as Reception No. 580572, as amended, and the revegetation/reclamation plan
for the Subdivision submitted astitled _ and dated
part of the Final Plat Documents. If the Vegetation Management Department refuses
approval and provides written notice of deficiency(ies), the Owner shall cure such
deficiency(ies) by further revegetation efforts, approved by the Vegetation Management
Department, as such efforts may be instituted within the two (2) years following
recording of the Final Plat.
d. Single Request for Release of Revegetation Account. Following receipt of
written approval of the Vegetation Management Department, the Owner may request
release of the Revegetation Account Agreement and shall do so by means of submission
to the BOCC, through the Building and Planning Department, of a Written Request for
Release of Revegetation Account Agreement, in the form attached to and incorporated
herein by reference as Exhibit G, along with certification of completion by the Owner, or
Owner's agent with knowledge, and a copy of the written approval of the Vegetation
Management Department. It is specifically understood by the parties that the
Revegetation Account is not subject to successive partial releases, as authorized in
paragraph 3.e., above. Further, the Revegetation Account and the BOCC's associated
rights to withdraw funds and bring a court action may survive final release of the
Account securing other Subdivision Improvements, defined in paragraph 3.a., above.
e. BOCC's Completion of Revegetation and Other Remedies. If Owner's
revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of
the BOCC upon the recommendation of the Vegetation Management Department, or if
the BOCC determines that the Owner will not or cannot complete revegetation, the
BOCC, in its discretion, may withdraw and employ from the Revegetation Account such
funds as may be necessary to carry out the revegetation work, up to the face amount of
the Revegetation Account. In lieu of or in addition to drawing on the Revegetation
Account, the BOCC may bring an action for injunctive relief or damages for the Owner's
failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall
provide the Owner a reasonable time to cure any identified deficiency prior to requesting
payment from the Revegetation Account or filing a civil action.
5. AFFORDABLE HOUSING. In accordance with the requirements of Article 8
of the LUDC and the Planned Unit Development ("PUD") approval, Owner has agreed to
provide six (6) deed-restricted affordable for-sale housing ("Affordable Housing Units") either
within the Subdivision or offsite as part of the Project as specifically provided in the affordable
housing agreement attached hereto as Exhibit H (he "Affordable Housing Agreement"). As
provided in the Affordable Housing Agreement, Owner shall not be required to construct any
individual Affordable Housing Unit(s) until a buyer for such Affordable Housing Unit has been
qualified by the Garfield County Housing Authority ("GCHA") in accordance with the
Affordable Housing Agreement. Pursuant to the Affordable Housing Agreement, if Owner
defers construction of the Affordable Housing Units, upon Owner's receipt of notice from GCHA
that a buyer has been qualified to purchase an Affordable Housing Unit (he "Purchase Notice"),
Owner shall promptly commence construction of an Affordable Housing Unit and shall deliver a
completed Affordable Housing Unit to the qualified buyer on or before one-hundred and twenty
(120) days from Owner's receipt of the Purchase Notice; provided, however, that if Owner
receives a purchase Notice on or between October 15th and April 1st of any year, owner shall be
required to deliver a completed Affordable Housing Unit to the purchaser on or before the next-
occuning August l. As piovided in subparagraph 3.e above, upon the issuance of a certificate of
o..uprn.y foi any Affordable Housing Unit required to be constructed on a lot identified on the
Finaiplat, the County shall, within ten (10) business days of receipt of Owner's Written Request
for partial Release of S".r.ity, release the Security attributable to such Affordable Housing Unit,
including the ten percent (1or/r) contingency amount attributable thereto. In the event Owner
completJs construition of, and receivesiertihcates of occupancy for, all of the market rate units
within the Final Plat prior to completion of construction of the Affordable Housing Units
required to be constructld as part of iuch Final Plat, the BOCC may, but shall not be required to,
wiihdraw and employ from the Security such funds as may be necessary to construct the
Affordable Units in atcordance with the iequirements of this SIA and the Affordable Housing
Agreement, up to the remaining face amount of the Security'
6. WATER SUPPLY AND WASTEWATER COLLECTION. AS StAtEd iN
paragraph 15, below, prior to issuance by the BOCC of any certificates of occupancy for any
residences or other habitable structures constructed within the Subdivision, owner shall install,
connect and make operable a water supply and distribution system for potable water, non-potable
irrigation water and a wastewater/sewer c-ollection system in accordance with approved plans and
spe-cifications. All easements and rights-of-way necessary for installation, operation, service and
maintenance of such water supply und dirt.ibution system(s) and wastewater collection system
shall be as shown on the finat ptat. Owner shall deposit with the Garfield County Clerk and
Recorder executed originals of the instruments of conveyance for easements appurtenant to the
water and wastewater system(s), for recordation following recording of the Final Plat and this
SIA. All facilities and Lquipment contained within the water supply and wastewater collection
system(s) shall be transferred by Owner to the Special District(s) by bill of sale. If a third party
water or sewer service entity requires warranty of the system(s), Owner shall provide proof to the
BOCC that such warranty is in effect and, if necessary, has been assigned.
7. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the
Owner to the public as public rights-of-way and shall be accepted by the BOCC,-on behalf of the
public, on the face of tire Final Plat. The POA shall be solely responsible for the maintenance,
iepair and upkeep of said rights-of-way, including the traveled surface of the roadways and
portions of the rigits-of-wuy *trid. of the traveled surface. The BOCC shall not be obligated to
maintain any road rights-of-way within the Subdivision'
g. 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
doad and Right-of-Way Use Regulations, recorded as Reception No. 643477, in the records of
the Garfield County Cllrk and Recorder, as amended. The POA shall be solely responsible for
the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to
with the public utility compa-ny(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,
wirether prbli"lyo. 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.
g. CONVEYANCE OF OPEN SPACE. The common open space parcel(s)
identified on the Final Plat shall be conveyed by Owner to the POA at the time of Final Plat
Approval or as agreed to between the owner and the POA. Owner shall deposit with the Garfield
County Clerk and Recorder executed original(s) of the instrument(s) of conveyance for
recordation following recording of the Final Plat and this SIA.
If not conveyed at the time of recording of the Final Plat, Owner shall execute and deliver into
escrow document(s) conveying the common open space parcel(s), easement(s), greenbelt(s),
park(s), shown on the Final Plat to the POA. The documents shall be deposited pursuant to the
escrow agreement, to be executed by the Owner, the BOCC and escrow agent ("Escrow
Agreement"). Owner shall deliver to the BOCC a copy of the fully executed and recorded
Escrow Agreement within a reasonable time following execution of this SlA. The special
instructions of the Escrow Agreement shall provide:
the Escrow Agent shall hold the conveyance documents until the
earlier of: a) receipt of a written notice signed only by Owner notifying escrow
agent that the work required of the Owner in this SIA has been completed and
approved as complete by the BOCC; or b) receipt of a written notice signed only
by the BOCC stating that Owner has failed to comply with the terms and
conditions of this SIA; or c) the Completion Date for Subdivision Improvements,
specified in paragraph 2, above, or as extended in accordance with paragraph 2 of
this SIA; and
ii. upon the first to occur of the foregoing events, the escrow agent
shall cause the conveyance documents to be recorded in the records of the
Garfield County Clerk and Recorder.
10. 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 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 notify and provide such
written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in
this paragraph shall be construed to constitute a waiver of governmental immunity granted to the
BOCC by Colorado statutes and case law.
I l. ROAD IMPACT FEE. Owner has completed as part of Phase I and II of the
PUD off-site traffic improvements based on full build out including this Phase III which fully
offset and exceed any Road Impact Fees which would otherwise be applicable pursuant to the
LUDC. Total completed improvements are $1.9 million, attached as Exhibit I is an engineer's
verification. Attached as Exhibit J are worksheets showing Phase III and full development road
impact fees, demonstrating that offsite improvements fully offset all fees.
12. BREACH OR DEFAULT OF OWNER. A "breach" or "default" by Owner
under this SIA shall be defined as Owner's failure to fulfill or perform any material obligation of
Owner contained in this SIA. In the event of a breach or default by Owner under this SIA, the
County shall deliver written notice to Owner of such default, at the address specified in
paragraph 21 below, and Owner shall have sixty (60) days from and after receipt of such notice
to cure such default. If such default is not of a type that can be cured within such 60-day period
and Owner gives written notice to the County within such 60-day period that it is actively and
diligently pursuing such cure, Owner shall have a reasonable period of time given the nature of
the default following the end of such 60-day period to cure such default, provided that Owner is
at all times within such additional time period actively and diligently pursuing such cure.
13. BRLACH OR DEFAULT OF COUNTY. A "breach" or "default" by the
County under this SIA shall be defined as the County's failure to fulfill or perform any material
obligation of the County contained in this SIA. In the event of a breach or default by the County
under this SIA, Owner shall have the right to pursue any administrative, legal, or equitable
remedy to which it may by entitled.
14. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a
cash deposit in lieu of dedicating land to the Roaring Fork School District RE-1, calculated in
accordance with the LUDC 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 follows
for the RE-1 School District:
Unimproved per acre market value of land, based upon an appraisal submitted to the
BOCC by Owner, i.e. $52.551.00; and
Land dedication standard: 35 single-family dwelling units x 0.020 acres, equals 0J acres.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time
of recording of the Final Plat, thirty-six thousand seven hundred eighty five dollars
and seventy cents (36,785.70) as a payment in lieu of dedication of land to the Roaring
Fork 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 LUDC.
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, a reimbursement of the fee in lieu of land dedication to
the Roaring Fork School District.
15. FIRB IMPACT FEE. The Fire Impact Fee is $730 per unit. The Owner,
therefore, shall pay to the Carbondale Fire Protection District, at or prior to the time of recording
of the Final Plat, twenty-five thousand five hundred fifty dollars ($25,550.00).
10
16. 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.
17. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. AS ONC
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
Carbondaie Rural Fire Protection District ("District"), if the Fire District has so required, that
there is adequate water available to the construction site for the District's purposes and all
applicable District fees have been paid to the District. No certificates of occupancy shall issue
foi any habitable building or structure, including residences, within the Subdivision until all
Subdivision lmprovements have been completed and are operational as required by this SlA. If
applicable, Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed
ctpy of a form in substantially the same form as that attached to and incorporated herein by
reference as Exhibit K, concerning the restrictions upon issuance of building permits and
certificates of occupancy detailed in this SIA.
lg. 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 tn. 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'
19. ENFORCEMENT. In addition to any rights provided by Colorado statute, the
withholding of building permits and certificates of occupancy, provided for in paragraph 16,
above, the provisions for release of Security, detailed in paragraph 3, above, and the provisions
for plat vacation, detailed in paragraph 17, 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.
20. 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.
21. 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.
ll
22. 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:Blue Heron Properties, LLC
Attn: James W. Light or John Young
430 lronbridge Drive
Glenwood Springs, CO
Phone: 970-384-0630
Fax: 970-384-0634
w/copy to:
BOCC:
Karl J. Hanlon
Karp Neu Hanlon, PC
P.O. Box 2030
Glenwood Springs, CO 81602
Phone: 970-945-2261
Fax: 970-945-7336
Garfield County Board of County Commissioners
Attn: Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Phone: (970)945-8212
Fax: (970) 384-3470
23. AMENDMENT AND SUBSTITUTION OF SECURITY. ThiS SIA MAY bC
modified, but only in writing signed by the Parties hereto, as their interests then appear. Any
such amendment, including, by way of example, extension of the Completion Date, substitution
of the form of security, or approval of a change in the identity of the security provider/issuer,
shall be considered by the BOCC at a scheduled public meeting. Before any extension of
Completion Date is considered, Owner shall certify that all taxes and assessments on the real
p.opi.ty subject to the SIA are paid in full. If such an amendment includes a change in the
iO.ntity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner
to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to
the BOCC, along with the original security instrument. Notwithstanding the foregoing, the
Parties may change the identification of notice recipients and contract administrators and the
contact information provided in paragraph 21, above, in accordance with the provisions of that
paragraph and without formal amendment of this SIA and without consideration at a BOCC
meeting.
12
24. 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.
25. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and
this SIA shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the Parties have signed this SIA to be effective upon the date of Final
Plat Approval for the Subdivision.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Clerk to the Board
Date:
Chairman
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Management, LLC'
a Colorado limited liability company
John B. Young, its Manager
and
By its Manager, CLM Blue Heron,LLC, a
Colorado limited liability company
By:
James W. Light, its Manager
STATE OF COLORADO
COLTNTY OF GARFIELD
The foregoing instrument was acknowledged before me this
-
day of
By:
By:
)
)ss.
)
13
2015, by Blue Heron Properties,
Manager, John B. Young.
LLC by its Manager, Blue Heron Management, LLC, by its
WITNESS my hand and official
My commission expires:
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this
2015,by Blue Heron Properties, LLC by its Manager, CLM
James W. Light.
WITNESS my hand and official seal.
My commission expires:
Notary Public
_ day of
Blue Heron, LLC, by its Manager,
I
14
Exhibit List
Exhibit A - Subdivision Improvement Plans - "Approved for Construction"
Exhibit B - Engineer's Estimate of Cost of Improvements
Exhibit C - Security - Escrow Agreement
Exhibit D - Written Request for Partial Release of Security Form
Exhibit E - Written Request for Final Release of Security Form
Exhibit F - Revegetation Treasurer's Account Agreement
Exhibit G - Written Request for Release of Revegetation Treasurer's Account Agreement
Exhibit H - Affordable Housing Agreement
Exhibit I - Notice to lot owner regarding SIA completion
Exhibit J - Engineer's verification of completed improvements
Exhibit K - Road Impact Fee Calculation Worksheet
15
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1ol 1
Date:
Escrow Agreement
Escrow Number:CIoser
Seller(s):
(if applicaole)
The undersigled deposit with Land Title Guarantee Company, a Colora<Io Corporation, as Escrow Holder (the "Escrow Holder")' the
items set forlh in Schedule A, to be held by Escrow Horder subject to the te.rmi of this Escrow Agreement, the General Provisions to
the Escrow Agreement and the Special Initructions in Schedule B (collectively, the "Escrow Agreemeut")'
E eU cash deposits mustbe accdmpanied by a Forrn W 9 Requqs] for Taxpayer Identification Number'
"Schedule A"
(Deposits)
, from
"Schedule B"
(Special Instructions)
! Special Instruction No. 1 (Repairs) Attached
I Special Instruction No. 1a (Cornpletion) Attached
I Special Instruction No. 2 flender Corapletion Instructions) Attached
I Special lastruction No' 3 (Indemnity Agreement - Cash Deposit) Attached
I Special Instruction No' 4 (Depository Instructions) Attached
! Special lnsh-ttction No. 5 f'.I.R.P T.A)
f] Special IrstructionNo. 6 @esolution of Miscellaneous Issues)
El aU others (See attached Exhibit *A')
The parties to the Escrow Agreement, by their signafure below, acknowledge and agree that they have read, and will be bor:nd by the
Esciow Agreement, including the General Provisions to the Escrow Agreement, and the Special Instructions in Schedule B'
BuyerlBorrower(s):
(if appiicable)
Form 135i5 72/2013 ea.spec.inslodt {?2894373}
By
Address:
Phone #:
Fax #:
Email:
Contact:
Lender:
(Ifapplicable)
Address:
Phone #:
Contact:
Any conespondcucc rcgarding this cscrow shall be
addressed to:
Land Title Guarantee Company
5975 Greenwood Plaza BIvd.
Greenwood Village, Colorado 80111
Attn: Escrorv Coordinat<lr
Phone: 303-321-1880
Fax: 303-399-8193
Address:
Phone #:
Fax #:
Email:
Contact:
Escrow Fees to be as Follows:
(a) Set up fee:
(b) Miscellancous:
Note: After the issuance of four (4) checks, a fee of $10.00 per
check will be made for each additional check.
Receipt of the Escrow Deposir and acceptance of thc Escrorry
Agr eement hereby acknorvledged by:
I-and Title Guarantee Company - Esct'orv Holder
By:
Form13575 122013 ea.spec.inst.odt {22894323\
Land Title Guarantee ComPanY
General Provisions to the Escrorv Agreement
Initia ls
Initials
Notices.
Any notices required or permitte<l to be given under the Escrow Agreement shall haYe been deetned to have been served:
i. one business day after the notlce is hand delivered rvith proofofreceipt by the addressce, or
ii. one business O.ay after transmission by facsirnile evi,Jencing cont-trmation of receipt by 1he receiving facsirnile
machine, or
iii. one business tlay after transmission by email evidencing conflmation of receipt by the receiving ernail addr ess' or
iv. if reputable oveinight courier (such as United Parcel Seivice or Federal Express) is used, on the imrnediately
following business day after notice is senL for overnight delivery, or
v. if the United States Mail is used, on the third business day after the notice is deposited in the United States Mail,
postage prepaid;
provided il each case such notice is addressed to the parties at the addresses given on the first page ofthis Escrow Agreement'
Reliance on Notice.
Escrow Hotder may act i1 reliance upon any writing or instrument or signature which Bscrow Holder, in good faith, believes to
be genuine, and miy assume the vaiidity and accut icl, of any statement or assertiou contained in such a writing or instrurnent,
ard rnay assume that any p".ron po.porting to give any rvriting. notice, advice or insturctiotr in connection with the provisions
hereofhas been duly authoriz,ed so to do-
Laws Relating to Unclairned Funds.
Seller ald Buyt are hereby adviscd that unclaimcd funcls may bc payablc t.o the State at some flrture date pwsuant to
unclairned propert-y- laws, a,rd should Escrow Holder pay any iuch funds reld in the Escrow Deposit, Escrow Holder shall be
release fi.om all fi.u1hcr responsibility undcr the Escrow,Agrccmcnt and shall not bc liablc to any Party so long as such payment
was made pursuant to applicable law.
Escrow Deposit and Interest Earned on Escrow Deposit'
a. Upon r.eceipt of rvrittep dir-ection of the parlies along rvith a complete<l W-9 any money comprising the Escrow Deposit
rvill be invested in an interest bearing accou[t'
b. Deposits of $ I 00,000.00 or more may be directed by the parlies hereto to other types of invesfi:rents, or the Escrow
Holder may ilvest the Escrow Depoiit in Repurchase Ageements for U.S. TreasurT obligations or other t''ederal agency
issued securities.
c. Escrow Holder shall lot be responsible for rnaxirnizing the yield on the Escrow Deposit. Under no circumstances shall
Escrou,Holder be liable for loss offunds due to bank or other Institution failure, including employees or agents thereof,
suspensio, or cessation of business, or any action or inaction on the part ofthe bank or other institution' or any delivery
service h'ansporting funds to and I?orn the institution'
d. All parties hereto JiaI execute and deliver to Escrow Holder all forms required by federal, state or other gove|nmental
agencies relative to taxation matters and Escrow Holder will file appropriate i099 or othcr required forms.
Fees and Expenses of Escrow Holder'
a. The Escrorv Holder sha1l be entitled to reimbursement in ftrll. or ma-v demand payrnenl in advance, for all costs,
expenses, charges, fees or other payments made or to be tnade by Escrow Holder in the performance of Escrorv Holder's
duties and obligations under the Escrow Agreement'
o. The parties to t[e Escro.v A-ereement are 3olntly and severally liable for the paynent to Escrorv Holdel of al] fees and
expenses. Escror.v Holder iJrereby authorizedand directed to reimburse to itself in payment of fees or expenses fiom
any funds in the Escrow Deposit, whether from principal or hterest or both, at any time, and from time to tirne' as the
same may be due and owing.
c. Escrow t{older is hereby arithorized to rvithhold any fees or expenses from any disbursement or distribution ofEscrow
Deposit to any Party hereto oI to the Clerk of the Court upon interpleader.
d. tn the event that the Escrow Deposit shall consist of docunents only and not fimds, Escrow Holder may refuse to
distr-ibute any such documents or to otherwise act urder this Agreement until all acct'ued but unpaid fees and expenses
have been Paid in full
rm 13575 l2l20l3 ea.spec.inst.odt {22894s23}
Non-liabitity of Escrow Holder.
Escro.,v Holder shail not be liable for any rnistakes o[ fact, or errors ofjudgment or for any acts ot omissions of any kind
unless caused by the wil1ful ntisconduct or gross negligence of Escrow Holder.
Escrow Holder shall not be iiable for any taxes, assessments or other gover:mental charges which may be levied or
assessed upon the Escrow Deposit or any part thereof, or upon the income therefrom.
Escrow ltotOer may rely upon the advice of counsel and upon statements of accountants, brokers or other pel'sons
reasonably believed by it in good faith to be expert ir the matters upon rvhich they are cottsulted, al1d for any reasonable
action taken or suffered in good faith based upon such advice or statements.
Indemnity of Escrow Holder.
The Seller and Buyerjointly and severaliy, agree to:
i. indemniff Escrow Holder for, and hold it harrnless against any and all liability incured by the Escrorv Holder by
reason of tiris EscrowAgreement, or in connection with Escrow Agent's perfonnancc of its dutics hereunder, except
for Escrow Holder's ou'n willful misconduct or gross negligence, and
ii. reimburse Escrow Holder for ail its expenses, includiag, but not neccssarily lirnited to, attoffIcys' fees and court
costs inciu'red pursuant to tiris Esctow Agreement.
Request for Written Instructions.
a. Escrow Holder may al aly time. and fi'onr time to time, request the Seller and Buyer to provide rvritten instfuctions
concerning the pr-opriefy of a proposed payrnent of the Esclorv Deposit, distribution of documents, or othel action or
refusal to act by Escrorv Holder.
n. Shoutd the Sel1er and Buyer fail to provide such \\rffen instructions within a reasonable time, Escrow Holder rnay take
sucb action, or refirse to act, as it may deem appropriate and shalt not be liabie to anyone for such action or refusal to act.
c. Notwithstanding the foregoilg, should the tenls of the Escrow Agreement be complied u'ith, in the judgment of Escrou'
Holder, then the Escrow Holder rnay disburse any funds, distribute documents, or take such actioll without specific
further wlitten instructions from any Party.
Disputes and I nterpleader.
a. In the event oiany dispute between the Parties as to either law or fact, or in the event any ofthe parties hereto fail, for
any reasonr to fully reccipt and acquit thc Escrow Llolder in rvriting Escrow Holder tnay tcfuse, in its discretion, to cauJ
out said escrow insffuctions or to deliver any funds. documents. or property in its hand to anyone and in so doing shall
not become liable to demand.
b. Escrow Holder shall be entitled to oontinue, wilhout liability, to refrain ard refuse to act:
i. until all the rights ofthe adverse claimants havc bcen hnally adjudicated by a court havingjurisdiction over the
Parties and the items affected heleby, after which time the Escrow Holder shall be entitled to act in conformity with
such adjudication; or
ii. until all differelces shall have been adjusted by agr eement and Escrow Holder shail have been notifred thereof and
shalt have been directed in writing signed jointly or ix counterpart by the parties and all persons making adverse
claims or demand, at which tirne Escrow Holder shall be protected in acting in compliance thererryith.
c. Escrow Holder also has the right to interplead into a court of cornpetent jurisdiction at the expense of the Parties.
Resignation of Escrow Holder.
a. Escrorv Holder may resign under this Agreerneut by giving u.ritten notice to all of the pafiies hereto, effective 30 days
after flre datc ofsaid notice.
b. Upol the appointrnent by the pafties of a new escrow holder or custodian, or upon written instructions to Escrow Holder
foi othcr disposition ofthe Escrow Deposit, Escrow Hoider shall, after retention ofits accrucd cscrow fees and expenses,
if a1y, sha1l deliver the Escrow Deposit within a reasonable period of time as so directed and shall be relieved of any and
all liability hereunder alising thereafter.
Applicabte Law.
This Agreernent shall be governed by the laws of the State of Colorado.
Counterparts/Third Party Beneficiaries.
This Esqow Agr eement nlay be executed in any number of counterpafts, each of \ 4lich when so executed shall constitute the
entire agleement between the Seller and Buyer. The Seller and Buyer acknowledge alld agree that there are not intended or'
uniltelded third party beneficiaries who may rely upon or benefit from the provisions of this agleemertt.
Electronic Signatu res and Notices.
The execution of this Escrorv Agreement, and any otlrer notice required or pennitted under this Escrow Agreetnent, rnay be
given and tra1smitted by electronic means (including email, facsimile, or similar transmission) and shall be deemed effcctive
ior all purposes. Documents with original signatures are not required. If original signatures ale requiled b1' any parly, this
request must be madc prior to execution of this Escrow Agreement or any other notice, to ensule cornpliance rvith the request
c.
8.
9.
10.
72.
13.
F'orm 13575 1212013 ea. spec. inst.odt {22894323}
11.
Exhibit'6,4."
to
Escrow Agreement
This document is an addendum ("Addendum") to that certain escrow agreement under Land Title
Guaranty Company Escrow Account No. 519857 ("Escrow Agreement") entered into between
and among Blue Heron Properties LLC ("Blue Heron Properties") the Board of County
Commissioners for Garfield County, Colorado ("BOCC") and Land Title Guaranty Company
("Escrow Holder"). This Addendum is incorporated in the Escrow Agreement by reference as
set out in full.
Introduction
Blue Heron Properties and the BOCC are pafties to that certain Subdivision Improvements
Agreement dated and recorded in the public records of Garfield County,
Colorado under Reception No.(the "SIA").
Section 3, of the SIA requires that Blue Heron Properties provide security for the construction
and completion of certain public improvements located within the Phase III of the Ironbridge
Planned Unit Development.
The amount of the security is $_ (the "Escrow Deposit"), which
the Cost Estimate as defined in Section 3(a) of the SIA.
amount equal to
Blue Heron Properties and the BOCC have agreed that the delivery of the Escrow Deposit to the
custody of the Escrow Holder, pursuant to E,scrow Agreement and this Addendum, will satisfy
the security requirements under Section 3 of the SIA.
Disbursal Instructions and Miscellaneous Provisions
Disbursal of Escrow Deposit.
In accordance with the above, Blue Heron Properties and the BOCC instruct the Escrow Holder
to disburse all remaining or any authorized portion of the Escrow Deposit as follows:
To Blue Heron Properties: Escrow Holder shall disburse the sum set forth on any
"Written Request for Partial (or Final) Release of Security presented by Blue Heron
Properties" as provided in Section 3(e) and Exhibit D of the SIA that is stamped,
certified, or otherwise authorized by the BOCC or its duly authorized officer or
representative.
To the BOCC: Escrow Holder shall disburse the balance of the Escrow Deposit, together
with all accrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved
written resolution of the BOCC confirming that the BOCC has determined Blue Heron
Properties to be in default under the SIA. Such determination shall be made at a duly
noticed public meeting for which Blue Heron Properties will be provided 14 calendar
days advanced written notice. Notice provided in conformance with the SIA will be
deemed sufficient for the purposes of this provision.
Section 1.01
Section 1.02 Miscellaneous Provisions.
Blue Heron Properties waives any and all claims against the BOCC, its officers, employees,
agents and contiactors on u..ouni of each of their good faith performance of their obligations
under the Escrow Agreement and this Addendum. Blue Heron Properties shall defend, indemnify
and hold harmless the BOCC, its officers, employees, agents and contractors from and against
any claim made on account of this Escrow Agreement'
The procedures set forth in this Addendum are intended to govern the manner in which Escrow
Deposit funds are to be disbursed to Blue Heron Properties, or, as the case may be, the Bocc'
This Addendum does not affect, in any respect, the manner or conduct of inspections to be
performed by the personnel of Garfield County with respect to the public improvements, all as
further provided in the SIA'
The parties intend that the Escrow Agreement and this Addendum satisfy the requirement of "a
form of security deemed adequate" u-nder Seciton 3(a) of the SIA. In any event, as between Blue
Heron properties and the BOaC, the provisions of the Escrow Agreement and this Addendum
are to be interpreted in a manner consistent with the SIA, which, with respect to Blue Heron
properties und- th. BOCC, will control over the Escrow Agreement and this Addendum with
respect to any provisions that are in conflict.
***End of Addendum**+
EXHIBIT D
REQUEST FOR PARTIAL RELEASE OF ESCROW FUNDS
Board of County Commissioners
Garfield County, Colorado
c/o Director of Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Ironbridge Subdivision
This request is written to formally notify the BOCC of work completed
Subdivision. As Owner [or On behalf of the Owner], we request that the
attached Engineer's Certificate of Partial Completion and approve a reduction
in Land Title Escrow No. 519857 (the "Escrow Funds") in the amount of $
_, to a reduced the Escrow Funds to $
cost estimate and work completed schedule,
. Attached is the cenified original
showing:
Engineers Cost Estimate
Work Completed, less l0%
Reduced Face Amount of Escrow Funds
for the Ironbridge
BOCC review the
in the amount held
has been completed, to date, in
were reviewed and approved by
of the Subdivision Improvements
Based on periodic observation and testing, the construction
accordance with the intent of the plans and specifications that
the BOCC or its representatives and referenced in Paragraph 2
Agreement between the BOCC and the Owner.
If further information is needed, please contact
Owner
or
Owner' s Representative/En gineer
APPROVED:
Name:
Office:
.r 4t
dated
EXHIBIT E
REQUEST FOR FINAL RI,LEASE OF ESCROW FUNDS
Board of County Commissioners
Garfi eld County, Colorado
c/o Director of Building and Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Ironbridge Subdivision
This request is written to formally notify the BOCC of work completed for the Ironbridge
Subdivision. As Owne r [or on behalf of the Owner], we request that the BOCC review the
attached Engineer's Certificate of Completion and approve a full release of the amount held in
Land Title Escrow No. 519857 (the "Escrow Funds") in the amount of $
Attached is the certified original cost estimate and work completed schedule, showing that all
improvements required by the Improvements Agreement and secured by the Escrow Funds have
been completed.
Also enclosed are the following, required by the Subdivision Improvements Agreement
between owner and the Bocc, recorded at Reception No'
-
at
the Real Ertut" R..ords of the Garfield county clerk and Recorder (the "SIA"):
1. record drawings bearing the stamp of owner's Engineer certifying- that all
improvements have been constructed in accordance with the requirements of the SIA,
boih in hand copy and digital format acceptable to the BOCC; and
Z. copies of instruments conveying real property and other interests which
Owner was obligated to convey to the homeowner's association or other entity at the time
of finalPlat Approval.
If further information is needed, please contact
Owner or Owner's Representative/Engineer
APPROVED:
Name:
Office:
at
EXHIBIT F
GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
IRONBRIDGE PHASE III, FILING 1 REVEGETATION
Owner: Blue Heron ProPerties, LLC
THIS 2OI5 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
IRONBRIDGE PHASE III, FILING I REVEGETATION ("DEPOSiI AgTCEMENt,') iS CNICTCd iNtO
by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"),
the Garfield county Treasurer, Georgia chamberlain ("Treasurer"), and Blue Heron Properties,
LLC ("Owner").
Recitals
The BOCC approved the Owner's
PHASE III, FILING I REVEGETATION
The Treasurer is willing and
statutory duties outlined in C.R.S. $$
Application for a Grading Permit for the IRONBRIDGE
pursuant to Permit Number
The Grading Permit requires provision of "security for Revegetation" and Owner wishes
to deposit good funds for such security.
The BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit
Agreement as such financial assurance.
able to hold such funds in accordance with the Treasurer's
30-10-701, et seq. and 30-1-102, as amended.
Agreement
NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as
follows:
1. Ironbridse phase III" Filing 1 Reveeetation Treasurer's Account. Owner shall
deposit with the Treasurer the sum of Thirt)' Thousand Dollars ($30'000'00) to secure
revegetation as required in the Grading Permit. In consideration of the service fee payable to the
Trea-surer, identified in Paragraph 2, below, the Treasurer shall place the funds in an interest
bearing account and disburse funds there from in accordance with the terms of this Deposit
Agreeirent. Such account shall be known as the "lronbridge Phase III, Filing I Revegetation
Treasurer,s Account" and shall be subject to the terms and conditions of this Deposit Agreement'
2. Treasurer's Service Fee. The Treasurer's service fee shall be, in accordance with
c.R.s. $ 3o-t-toz1r1";, ur ,.*nded, one percent (1.0%) of the deposited funds, i'e', Three
Hundrei Dollars fS:Oq-001. The service fee covers administrative costs incurred by the Treasurer
in distributing and u".o*ting for the Ironbridge Phase III, Filing 1 Revegetation Revegetation
Treasurer's Account. Such fei shall be paid by Owner in cash or by check made payable to the
Garfield County Treasurer, as identifiedln the "Receipt" section of this Deposit Agreement (page
5), on or before the date of execution of this Deposit Agreement. The service fee is deemed to
earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on t
Ironbridge Phase III, Filing 1 Revegetation Treasurer's Account shall be paid to Owner as part
the single disbursement detailed in Paragraph 3, below. The Treasurer shall thereafter provide
Owner a report of interest earned, as required by state and federal tax law. Owner shall provide
completed Form W-9 to the Treasurer at the time the deposit is made.
3. Disbursement Procedure. Disbursement from the Ironbridge Phase III, Filing 1
Revegetation Treasurer's Account shall be made by the Treasurer upon the written direction of the
BOCC, as follows:
a. Request for Review and Approval. Upon complying with the two-year
revegetation requirement, Owner shall obtain written approval from the Garfield County
Vegetation Management Department of the required revegetation work.
be
the
.of
Ito
ea
b. Deficiencies. If the Garfield County Vegetation Management
refuses approval of the success of revegetation, the Garfield County
Management Department shall provide written notice of deficiency in
compliance with the provisions of the Grading Permit and Owner shall
identifi ed defi ciencies.
Department
Vegetation
substantial
correct the
c. Sinsle Request for Disbursement. This Deposit Agreement does not
provide for successive partial releases or disbursements from the lronbridge Phase III,
Filing 1 Revegetation Revegetation Treasurer's Account. One (1) final disbursement shall
be requested by Owner, upon completion of Revegetation. Owner specifically recognizes
and agrees that partial releases are not allowed.
d. Request for Disbursement/Release. Owner shall request disbursement by
means of a written "Request for Disbursement," addressed to the BOCC and delivered to
the Garfield County Building and Planning Department. The Request for Disbursement
shall be accompanied by an approval statement from the Garfield County Vegetation
Management Department.
e. BOCC's Acknowledgment and Direction. Upon review of the submittals
required by Paragraph 3.D., above, if the BOCC approves the statement from the Garfield
County Vegetation Management Department, the BOCC shall issue its "Acknowledgment
of Satisfaction and Direction to Treasurer", in a form substantially similar to that document
attached to and incorporated herein by reference as Exhibit 1.
BOCC's Completion of Revegetation. If, in the sole discretion of the
BOCC, the Owner's revegetation success is deemed unsatisfactory within the period of
time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or
cannot complete the revegetation under the Grading Permit, the BOCC may withdraw and
employ from the Ironbridge Phase III, Filing 1 Revegetation Treasurer's Account such
funds as may be necessary to carry out the revegetation. If funds are inadequate,
responsibility to complete remaining Revegetation shall be that of the Owner, not the
BOCC. If the BOCC elects to complete the Owner's revegetation work, expenditure on the
effort shall be no more than the principal amount of the lronbridge Phase III, Filing 1
Revegetation Treasurer's Account, plus interest, if interest is due Owner. If the cost of the
revegitation to the BOCC is less than the amount available, the BOCC shall return the
overage to Owner within a reasonable period of time following completion by the BOCC'
4. Term. The term of this Deposit Agreement shall begin on the date of execution, as
defined below, and end on or before two years following approval of the Grading Permit' If
Owner has failed to complete the Revegetation within this term, all funds held under this
Agreement shall continue to be maintained by the Treasurer until needed for completion of
revegetation by the BOCC under Paragraph 3.f.
5. Waiver. Consent and Indemnity. Owner consents to the disbursement procedure
andotheractionsu,@forbythetermsofthisDepositAgreement.owner
waives any claim against the gbCC, the Treasurer, their officers, employees, agents' and
contractors, on u..o,i1t of each of their good faith performance of their obligations under this
Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer,
ttreir ofncJrs, employees, agents, and contractors fiom and against any claim made on account of
this Deposit Agreement.
6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend
indemnifyund-holdth.T..^urerharmlessfromanyclaimmade.ownerandtheBoCCeach
waive any claim against the Treasurer involving this Deposit Agreement, unless such claim is
premised upon the wanton and willful misconduct of the Treasurer.
7. Bindine Effect. This Deposit Agreement shall be binding on the successors and
assigns of utt purti", ura rnall terminate upon final disbursement of funds held by the Treasurer in
the lronbridge Phase III, Filing 1 Revegetation Treasurer's Account.
g. lmmunitv. Nothing contained in this Deposit Agreement constitutes a waiver of
govemmental immunity applicable to the BOCC under Colorado law.
g. No Asency. The making and execution of this Deposit Agreement shall not be
deemed to create Jlu.tn.rrttip, joint venture, or agency or fiduciary relationship among the
parties.
10. Intesration. This Deposit Agreement constitutes the entire agreement among the
parties pertainingrc the method of deposit and disbursement of the Ironbridge Phase III, Filing I
Revegetation Treasurer's Account. No supplement, modification or amendment of this Deposit
AgreJment, other than changes as to noiiie information, shall be binding unless executed in
*iiting in a document of equal formality as this Deposit Agreement.
11. Notices. Any notice required or permitted by this Deposit Agreement shall be
given in writing and shall be effective upon the date ofd,elivery, or attempted delivery if delivery
Is refused. Delivery shall be made in p.iror, or by certified retum receipt requested U.S' Mail or
receipted delivery service to:
Garfield County AttorneY
108 8th Street, Suite 219
If to County:
Glenwood Springs, CO 81601
Garfi eld County Treasurer
Georgia Chamberlain
Sth Street, Suite 204
Glenwood Springs, CO 81601
Blue Heron Properties, LLC
430 Ironbridge Drive
Glenwood Springs, CO 81601
Changes in address, phone number and identity of contact person(s) shall be made in
writing, and may be made without formal amendment of this Deposit Agreement.
WHEREFORE, the parlies have caused this Deposit Agreement to be effective on the date
of execution by the BOCC, as beneficiary, noted below.
ATTEST:
BENEFICIARY:
BOARD OF COLINTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Clerk to the Board
Date:
Chairman
DEPOSITOR/OWNER:
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Management, LLC, a
Colorado limited liability company
By:
John B. Young, its Manager
and
If to Owner
By:
By:
By its Manager, CLM Blue Heron,LLC, a
Colorado limited liability company
James W. Light, its Manager
RECEIPT
Check No.
Cash
;or
Form W-9:
Received
By:
Print Name:
Title:
Office of the Treasurer
Date:
Form 1099 shall be sent to:
EXHIBIT 1
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TRE,ASURER'S DEPOSIT AGREEMENT
Recitals
l. BLUE HERON PROPERTIES, LLC, a Colorado limited liability company,
entered into a Garfield County Treasurer's Deposit Agreement with the Board of County
Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of Garfield County,
Colorado ("Treasurer") dated and recorded on
-
as Reception Number
of the Real Estate Records of the Garfield County Clerk and Recorder
("Deposit Agreement").
2. BLUE HERON PROPERTIES, LLC has presented certification to the BOCC
from a licensed engineer that construction of Improvements is final and/or written approval from
the Garfield County Vegetation Manager thal revegetation is successful related to Grading
Permit number
Acknowledgment
NOW THEREFORE, at the request of BLUE HERON PROPERTIES, LLC and in
consideration of the premises and the prio. ug..".ents contained in the Deposit Agreement the
BOCC hereby:
1. acknowledges full satisfaction of the security requirements of the Grading Permit;
2. authorizes disbursement of funds from the Ironbridge Phase III, Filing 1
Revegetation Treasurer's Account in the amount of $ 29.7OO.OO, resulting in a remaining balance
of$ -0- ;
3. authorizes and Treasurer to release the funds held in the Treasurer's
authorized representative of BLUE HERON
PROPERTIES, LLC.
Account to
directs the
an
ATTEST:
BOARD OF COL]NTY COMMISSIONERS
OF GARFIELD COLINTY, COLORADO
By:
Clerk to the Board
Date:
Chairman
EXHIBIT G
REQUEST FOR DISPURSEMENT OF TREASURER'S ACCOUNT
IRONBRIDGE PHASE III, FILING 1 REVEGETATION
Board of County Commissioners
Garfield County, Colorado
c/o Director of Building and Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Ironbridge Subdivision Phase III, Filing 1 Revegetation Treasurer's Account
This request is written to formally notify the BOCC of work completed for the Ironbridge
Subdivision. As Owner, we request that the BOCC review the attached approval statement from
the Garfield County Vegetation Management Department and approve a full release of the
amount held in the Ironbridge Phase ttl, tr'iting 1 Revegetation Treasurer's Account (the
,oTreasurer,s Account,') in the amount of $ The attached approval statement
demonstrates that all revegetation required by the two-year revegetation requirement and secured
by the Treasurer's Account has been completed.
If further information is needed, please contact
DEPOSITOR/OWNER:
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Management, LLC,
a Colorado limited liability company
n B. Young, its Manager
and
By its Manager, CLM Blue Heron rLLC, a
Colorado limited liability company
,, Zt
By:
Joh
By:
James W. Light, its Manager
APPROVED:
Name:
Office:
EXHIBIT H
IRONBRIDGE SUBDIVISION
AFFORDABLE HOUSING AGREEMENT
PHASE III _ IRONBRIDGE PUD
THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement")
Ironbridge PUD is entered into and shall be effective as of the
-
day of
by and between BLUE HERON PROPERTIES, LLC, a Colorado limited
("BHP") and the COUNTY OF GARI'IELD, COLORADO ("the County").
WHEREAS, BHP has filed a Final Plat Application for the Ironbridge
Filing 1; and
meeting on
for Phase III of the
_,201s,
company
PUD, Phase III,
2015
WHEREAS, as a condition of the Final Plat approval BHP is required to enter into an
Affordable Housing Agreement with Garfield County for the completion of affordable housing
in the Ironbridge PUD Phase III, Filing 1.
1. Except as modified herein, the terms and conditions of the Affordable Housing
Plan attached as Exhibit I shall control as to the provision of affordable housing within Phase
III, Filing l.
WHEREAS, the Board of County Commissioners at
approved the Final Plat Application; and
2.
housing in
affordable
designated
3.
BHP is required to provide the equivalent of ten percent (10%) of the free market
Phase III, Filing I as deed-restricted affordable housing as a component of the
housing plan attached hereto as Exhibit I and incorporated herein. BI{P has
six (6) lots within Phase III, Filing 1 for affordable housing.
BHP shall on or before the issuance of every tenth (l0th) building permit for
construction within Phase III, Filing l, have made available for sale an affordable housing unit in
Phase III, Filing l, or shall have escrowed $150,000 to be used for the completion of said
affordable housing unit. The Escrow Agreement shall be in substantially the same form as that
used for the Phase ll Affordable Housing for the Ironbridge PUD, a copy of which is attached
hereto as Exhibit 2.
4. Affordable Units shall be priced in three categories as
Category I - priced at70%o of AMI, sold to 80% AMI households.
Category 2 - priced at 90%o of AMl, sold to 100% AMI households.
c. Category 3 - priced at 110Yo of AMI, sold to 120% AMI households.
5. Any modifications to the Affordable Housing Agreement shall only be made upon
approval of the Board of County Commissioners.
a.
b.
Ironbridge Subdivision
Affordable Housing A greement
Phase III - Ironbridge PUD
Page 2 of 4
6. ENTIRE AGREEMENT. This Agreement, along with any addendums and
attachments hereto, constitutes the entire agreement between the parties. The provisions of this
Agreement may be amended at any time by the mutual consent of both parties. The parties shall
nJ U. bound by any other agreements, either written or oral, except as set forth in this
Agreement.
7. GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws ofthe State of Colorado, and venue shall be in the County of Garfield, State of Colorado'
8. GOVERNMENTAL IMMUNITY
Agreement shall be construed or interpreted as a
immunities, rights, benefits, protections, or other
Immunity Act, C.R.S. $$ 24-10-101, et seq.
9. ASSIGNABILITY. Neither party shall not assign this Agreement without prior
written consent of the other PaftY.
10. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective heirs, personal representatives, successors,
and assigns.
1 l. SURVML CLAUSE. The "Indemnification" provision set forth in this
Agreement shall survive the completion of the Services and the satisfaction, expiration, or
termination of this Agreement.
lZ. SEVERABILITY. In the event a couft of competent jurisdiction holds any
provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
ACT. No term or condition of this
waiver, express or implied, of any of the
provisions of the Colorado Governmental
Paragraph headings used in this Agreement are for convenience of
contiol'or affect the meaning or interpretation of any provision of
Written notices required under this Agreement and all other
parties shall be directed to the following and shall be deemed
or three (3) days after being sent by certified mail, return receipt
Blue Heron Properties, LLC
430 tronbridge Drive
Glenwood Springs, CO 81601
Garfi eld County AttorneY
108 8th Street, Suite 219
Glenwood Springs, CO 81601
13. HEADINGS.
reference and shall in no waY
this Agreement.
14. NOTICES.
correspondence between the
received when hand-delivered
requested:
If to BHP:
If to County:
Ironbridge Subdivision
Affordable Housin g Agreement
Phase III - Ironbridge PUD
Page 3 of4
15. AUTHORITY. Each person signing this Agreement, and any addendums or
attachments hereto, represents and warrants that said person is fully authorized to enter into and
execute this Agreement and to bind the party it represents to the terms and conditions hereof.
16. ATTORNEYS' FEBS. Should this Agreement become the subject of litigation
between BHP and the County, the prevailing party shall be entitled to recovery of all actual costs
in connection therewith, including but not limited to attorneys' fees and expert witness fees. All
rights concerning remedies and/or attorneys' fees shall survive any termination of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Professional Services
Agreement as of the date first above written.
ATTEST:
BOARD OF COLINTY COMMISSIONERS
OF GARFIELD COT]NTY, COLORADO
Clerk to the Board Chairman
Date:
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Management, LLC,
a Colorado limited liability company
B. Young, its Manager
By its Manager, CLM Blue Heron,LLC, a
Colorado limited liability company
By:
By:
By: -
John
and
James W. Light, its Manager
Ironbridge Subdivision
Affordable Housing Agreement
Phase III Ironbridge PUD
Page 4 of 4
STATE OF COLORADO
COLTNTY OF GARFIELD
The foregoing instrument was acknowledged before me this day of
2015, by Blue Heron Properties, LLC by its Manager, Blue Heron
Management,LLC, by its Manager, John B. Young. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COI.INTY OF GARFIELD
The foregoing instrument was acknowledged before me this day of
2015, by Blue Heron Properties, LLC by its Manager, CLM Blue Heron,
LLC, by its Manager, James W. Light. Witness my hand and official seal.
My commission expires: _
Notary Public
EXHIBIT 1
IRONBRIDGE SUBDIVISION
AFFoRDABLEHOUSINGPLANPURSUANTToLUDC3-201
PHASE III _ IRONBRIDGE PUD
1. LOCATION (8-201.A.1). Phase III of the Ironbridge PUD was approved for
either onsite or offsite affordable housing pursuant to Resolution 2008-42. At this time the
Owner is designating six (6) lots in Phase III, Filing 1 for affordable housing for all of Phase III
incfudingthe future Filing 2. Lots designated are29,42,58,59,60 and 61.
NUMBER AND MIX OF UNITS (8-201.A.3).
Free Market Lots: Sixty-one (61) (including both Phase III, Filing 1 and2)
Affordable Units (8-301.A): Six (6)
Minimum bedrooms required (8-301 .B):
Mix of Units: Detached or attached two
total of eleven (11) bedrooms.
2. SCHEDULE FOR CONSTRUCTION (8-201.A.3). Timing is controlled by the
LUDC and is anticipated to coincide with Building Permit issuance unless security is provided to
ensure completion. Owner will comply with to Resolution 2008-42, which requires construction
of affordable units equal to lOYo of the unrestricted units which have been sold, or made
available for sale.
3. UNITS By CATEGORY (S-201.A.4). Six (6) detached or attached two (2) or
three (3) bedroom units with a minimum square footage of 950 sq. ft. Lot size will be as shown
on the Phase III, Filing 1 Final Plat.
4. PROPOSED HOA DUES (8-201.A.5). HOA fees will be consistent with LUDC
$ 8-302(5) which limits the maximum amount to75%o of free market. Current IPOA fees are
6tZS.OO'and including Ironbridge Club dues are 5329.00 per month resulting in a maximum
IpOA fees of $93.75 inda combined IPOA and lronbridge Club dues of $246.75 pet month.
6 x 2.6: 15.6
15.6 + I .5 : 10.4 (rounded uP to I I )
(2) or three (3) bedroom Units with a
5. FORM
approved form ofdeed
6. FINANCIAL SECRUITY (8-201.A.8). The form of SIA provided by the
County Attorney includes Security for affordable housing. The Owner proposes that the
financial security associated with the affordable units be separate from the SIA and attached to
the final Affordable Housing Agreement as approved by the BOCC.
oF, DEED RESTRICTION (3-201.A.6). The then current county
restriction will be used at the time of sale of the affordable housing units.
7. OFFSITE AFFORDABLE HOUSING (8-201.A.9). The Ironbridge Phase III
Preliminary Plan approved either onsite or offsite affordable housing for this Phase pursuant to
Resolution 2OO4-20. Currently there are twenty-four (24) Units constructed and occupied in the
lronbridge PUD making it one of the largest single contributors of affordable housing in Garfield
County Planning Area l. As noted in I above onsite lots are being designated for affordable
housing.
8. COMPLIANCE WITH AFFORDABLE HOUSING GUIDELINES (8-
201.4.10). Owner intends to fully comply with the Garfield County Housing Authority
Guidelines. Owner has worked closely with GCHA on Phase II affordable unit sales and is
familiar with the regulations and process.
?[,ffiliiydil:H IIHT,::]:: :o' "'
ESGROW AGREE]TIENT
EscDr,v i&mbor
Cmmllmnt Number
Cl@n
DeMr, ColoEdo
DEta:
Thc und.rlhn 6 (,opmil with t A,{o nllf GUAR NIEE @lt PANY. e Coh.rdo CorPorailon,.a Escffi
Houar lhc Erdilr Hofdsrl, lte tlomt sdtfo.fi ln Sctlrttrb A b bc held by E rrsw Hotb] albFd to lhe hms.ot
ih[-i;qr* Asr"r*;i ;a 'Oi rn Piur l"t"ns to th6 Ercrut Ag]e€ment ano ttrr Spcaa Mtdonr in Schrddc B
(dbofiE, hc'E5cw^0rG3monD,
E Al caBh drposib must be ffipaded by a Fm W.9 Requ*l f,, Tsr*eyo, ldon1f,catlon Ntmbcn
"SCHETX'I-EA'
(DopGlb)
cood fundr kr tlr .rpunt ol Onl Ulltil, fhr. Huhdt d rnd FIV Thounnd dot || (3f ,050,000'001
,SCHEDULE B"
(Spoclal lnsln ctlora)
tr Sped.l lBfiEion no. f (RaPsiE) Attsdted
tr Sp€dd lE uqtbn No. 1. (Complstbn) Anedred
tr Sp.dd lBtructlon No. 2 (Lcrrdor Cdnde{on lnstuclionc} AfldEd
tr Sp.ciil lrEtnrcUm No. 3 (lnd.mnlty Aoroo.tlent ' Cssh DoPodl) Machsd
o Sp.d.l lmlrclbo No-.t (Dlcoslbry lnsEucthns) AtbctEd
o spedsl lnrlrrEilon No. 5 (F.i.R,P.TA.)
o Spoclal lmhJcfon No.8 (Rasoulon ot Msmlleneure lssuo)
B Alcfic, (Se. dtsdlcd EtrJblt'a)
Tha pryfdD tn Escrow
.ildvdl b. biltd brtr Eff ou
SOedel Traltrcdhru h Sdtldlt B.
LB ROSE RAI{CH [fC, I Dobrara llnhEd
Ilbflty EomDsny, by PAMI LLC. e
DelavraE tlmlld lrullty cotflp8ny, lts
Add0s8:Eelcomb I GI'm P.c.
cb|md Sprhgs, CO0t60l
T.lephone: (970)S15t546
EmdAddror: 0m@b*ombgr€.n.com
BSN# d Td lo#
CmlrclPerton: TlmthyA Thul3on
LET{DER
(lt appllcabb)
Tsleghono:
EmaI Addru.d
ssMorTax lD*
CobctPusm;FEd Jilnan
ESCROW FEIS
'O
BE A3 FOLLOYYs:
(e) S.t up tao
(b) Annul f!6
(c) Mit6lb,rsour
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Rcoclptcd ol t'lc Elsgw Deposil end e.epbncs ot lhe
E3crory Ag]lsncnl hcEby Ad(nowlodgpd by
ESNOW HOLDER
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T6x lO#
Cfftaci Porsdr
Any conDlDondane togaldlng lhis 9sc]ofr sltrll bs
addE3lad lo:
AT'TN: ESCRO'VCOORDINATOR
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LANO TITTE GUARANTEE COMPANY
GENEML PROVISIONS TO THE ESCROV' AGREEMENT
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Tbis Escrow Agreement is entered into by and betwsen LB Rose Ranch LLC ('Rose
Rauch") and the goardif County Commissioners for Garfield County, Colorado ("BOCC') aod
Escrow Holtler for the purpose of securing the completion of construction of deed resficted
affordable housing uniti CAfforaaUle Units'), as defined under Section 4.14 of tbe Garfield
County ZoningRJsolution of l9?8, as amended, within Ironbridge Planned Unit Development,
phase tr and Phase III, all in accordance with BOCC Resolution No. 2004-20 (*PLJD
Approval'), which provides in relevant part:
In order to ensure that affordable dwelting units are made available for sale in a
mantrer corresponding to tle development of non-resticted lots within the fint
subdivision phase and all subsequent phases of the Ironbridge PUD, Applicant
shall be reqoir.a at all times and until construction of the entire 30 affordable
dwelling r-itr is complete, to have constructed and sold or constructed and [sic]
availabli for sale, aflordable dwelling units in a number equal to lfflo of the total
number of unrestricted units which have at tbat time been sold or made available
for salel . If at any time, this perc€Dtage falls below that required I 0%, Applicant
shall be required for each zuch deficient affordable dwelling unit, to place
$150,000 into an escrow account in favor ofthe Board or to provide such other
secgrity in lieu tbereof as may be aoceptable to the Board, which funds or security
the Board will then apply toward the construction of the affordable dwelling unit.
In accordance with the above, Escrow Holder is instructed to disburse tbe funds
deposited herein under Schedule A (.Escrow Deposit")2, as follows:
To Rose Ranch
Escrow Holder shall disburse the srrm of $37,500.00 to Rose Ranch upon Escrow
Holder's receipt of writteu confirmation that as to each Afrordable Unit the following
stage of construction inspection has been satisfaclorily cornpleted:
l. Footing and Foundation Wall;
2. Plumbing, Chimnry and Vent and gas piping;
3. Framing and Insulation and Drywall;
4. Certificate of Occupancy (Temporary or Final)
Said sum shall be disbursed for each zuch Affordable Unit at the completion of each
identified stage of constnrction inspection hereinabove identified. Written confirmation
shall be made utilizing the standard coustruction inspection Process under the cuirent
1 At it neting of Novembs 13, 20(7, the BOCC by motion clei8ed the meanlng of the phn*, "urresriaed uih whkh at that
Une trave bem sold or made availabh lor sale' lo mefi unresu'laed uniB Ior whidr certificates of o€upancy have bean issued. At
this meeting, BOCC abo by modon and with the rgreement of Rw Ranch required tha-t rekictcd uniS equaling the thcn requirtd
l0% of uro*utted unit, it above defined, be mde available lor sJc by Deceutbet 31,2{XB'
2 fhe pre*nt Schedule A De?osits wele cornptrred on the baals oI the total uruestsicled lob for which Certifcats oI Ocopucy had
bcen isued on Deembu 31, 2007. In mordmce wllh the above ciled portion of the PUD appwal, additional furds may be
depositcd into the Sciedute A Deposib by Rose Ranch which addltional tunds shall be disbuscd ln accordmc€ with lhe Prcvbions
herein et forth.
Exhibit A to Escrow Agreemenl
Page I Exhibit A
Q:que hG$DEVEI,OPME{T\PI t UMlrcrdrttG tlod.dErlfti A t hAJffi 2-13'6 Oilrb
llll ilt lEtrlHr !il,nflfi ,0{fi ,l'llf il{iitrill'l{Llht lll'l ll ll I
E"f?4!fl,#?:.;lrfl 38."'p:!, I lffi ' dBRr r E..o cou,u,,, co
Garfield county Building code employed by the Garfield county Building o"pumgll
*a ,f,af Ue sipca UV ttZ Curn"ld bounty p;a"ning Director or his or her desipee' All
interest on ttre Escrow p"Gt accrued during the ierm of this Escrow Agreement shall
be disbursed to Rose nin.n upoo conf[m-ation of completion of the last required
Affordable Unit,
The procedures set forth hercinabove are intended to govern t: tT"o in which the
B.** Deposit are aislursrJ to Rose Ranoh and shill not affect in any respect the
manner or conduct of inspections to be performed by the oflice of the Garfield county
Buildiog Inspector.
To the BOCC
Escrow Holder shall disburse the balance of the Escrow Deposit, togcther-with all
acsrued interest, to tt" gocc upon Escrow Holder's receipt of a {{y approved *lqo
iesolution of the BOCC"l"n#i"g that the BOCC has determined Rose Ranch to be in
defauh under the pUO ,l Ppto"al. Such determination shalt be made at a duly noticed
priii. .r.,i"s for wnicn-itose Ranch has been provided two weels advanced wrifren
notice.
Rose Ranch hereby waives any and all claims against the BOCC, its officers, employeeg'
agents and confactors oi u"rount of each oi thtit good_ fgi15 performance of their
ofltigations undor this gscrow Agreement. Rose Ranch shall defend, indernni$ ant hold
hanitess the BOCC, its offrcers,-employees, agents and contactors from aud against any
claim made on account of ttris Escrow Agreement
bhibit A lo Escrow Agreemmt
Poge 2
Q:\RBE iEhu)EvELOPMENI\Xtsr llMno&trk (ouioguilitn A b Esry A3FM 2-ll'00 Ot&thc
Exhibit A
Affordable Housing Escrow Agreement
This Escrow Agreement is entered into by and between Blue Heron Properties LLC
("BHP") and the Board of County Commissioners for Garfield County, Colorado ("BOCC") and
Escrow Holder for the purpose of securing the completion of construction of deed restricted
affordable housing units ("Affordable Units"), as defined under Section 4.14 of the Garfield
County Zoning Resolution of 1978, as amended, within honbridge Planned Unit Development,
Phase II and Phase III, all in accordance with BOCC Resolution No. 2004-20 ("PUD Approval"),
which provides in relevant paft:
In order to ensure that affordable dwelling units are made available for sale in a
manner corresponding to the development of non-restricted lots within the first
subdivision phase and all subsequent phases of the Ironbridge PUD, Applicant
shall be required at all times and until construction of the entire 30 affordable
dwelling units is complete, to have constructed and sold or constructed and [sic]
available for sale, affordable dwelling units in a number equal to 100% of the
total number of unrestricted units which have at that time been sold or made
available for sale. If at any time, this percentage falls below that required 10o ,
Applicant shall be required for each such deficient affordable dwelling unit, to
place $150,000 into an escrow account in favor of the Board or to provide such
other security in lieu thereof as may be acceptable to the Board, which funds or
security the Board will then apply toward the construction of the affordable
dwelling unit.
In accordance with the above, Escrow Holder is instructed to disburse the funds deposited
hereunder ("Escrow Deposit"), as follows:
To BHP
Escrow Holder shall disburse the sum of $37,500.00 to BHP upon Escrow Holder's
receipt of written confirmation that as to each Affordable Unit the following stage of
construction inspection has been satisfactorily completed:
l. Footing and Foundation Wall;
Plumbing, Chimney and Vent and gas piping;
Framing and Insulation and Drywall;
Certificate of Occupancy (Temporary or Final)
Said sum shall be disbursed for each such Affordable Unit at the completion of each
identified stage of construction inspection hereinabove identified. Written confirmation shall be
made utilizing the standard construction inspection process under the current Garfield County
Building Code employed by the Garfield County Building Department and shall be signed by the
Garfield County Planning Director or his or her designee. All interest on the Escrow Deposit
2.
3.
4.
accrued during the term of this Escrow Agreement shall be disbursed to BHP upon confinnation
of completion of the last required Affordable Unit.
The procedures set forth hereinabove are intended to govern the manner in which the
Escrow Deposit are disbursed to BHP and shall not affect in any respect the manner or conduct
of inspections to be performed by the Office of the Garfield County Building Inspector.
To the BOCC
Escrow Holder shall disburse the balance of the Escrow Deposit,together with all
approved written
be in default under
public meeting for
BHP hereby waives any and all claims against the BOCC, its officers, employees, agents
and contractors on account of each of their good faith performance of their obligations under this
Escrow Agreement. BHP shall defend, indemnify and hold harmless the BOCC, its officers,
employees, agents and contractors from and against any claim made on account of this llscrow
Agreement
accrued interest, to the BOCC upon Escrow Holder's receipt of a duly
resolution of the BOCC confirming that the BOCC has determined BHP to 1
the PUD Approval. Such determination shall be made at a duly noticed
which BHP has been provided two weeks advanced written notice.
EXHIBIT I
Note to Lot Owners With Respect to Completion of Public Improvements
You are being provided this Notice in connection with certain development activity
occurring on the Phase III of the Ironbridge Subdivision and to inform you of the completion of
certain public improvements required under the Subdivision Improvements Agreement (subject
to any amendments of record, the "SIA") between Blue Heron Properties, LLC (the
"Developer"), and the Board of County Commissioners of Garfield County, Colorado (the
"BOCC"), which was recorded in the Garfield County Clerk and Recorder's office ofl _-,
2015 under Reception No. _.
As aresult of the completion of these public improvements, certain funds held in escrow
to secure the construction of the public improvements will or have been released to the
Developer by the BOCC or its duly authorized representative.
Nothing is required or expected of you in connection with this notice. For further
information, you or your legal counsel may review the provisions of the SIA.
{.*r.End of Notice**x
CIVIL ET{CINEgRING LAND SUNVEYINC
Employee Owned Compmy
May 22,2015
Garfield County Community Development Department
c/o Kathy Eastley
108 8th Street, #401
Glenwood Springs, CO 81601
RE: Offsite Road Improvement Fess Paid To Date - Ironbridge Subdivision
Kathy:
The Ironbridge Subdivision has completed multiple offsite roadway improvements that benefit
the public nignt of Way system. These improvements were focuses around the 2001 and 2002
time period and include CR 154/Highway 82 intersection widening, acceleration and
decelerations lane additions and a traffic signal installation. Multiple improvements along CR
109 adjacent to the subdivision were also .ud., including lane widening for the subdivision that
created new sections of asphalt roadway, replacing the old asphalt that was wearing and would
have required repair by the County. Drainage improvements were also made along CR 109 to
allow for the west .oudrid. swaie to function properly and transfer water through the new
subdivision.
Attached is the original, unsigned, contractual agreement for these road improvements to be
completed by GoulJConstruction. This is not an engineer's estimate of the work, this the actual
agreed upon bid amount for the work to be completed.
Please feel free to call or email to discuss any question you may have.
Sincerely,
)
I'r//niF
Matt Langhorst, P.E.
High Country Engineering, lnc.
l5l7 Blake Avenue, Suite l0l
Glenwood Springs, CO 81601
970.945.8676 phone
970.945.2555 fax
www.hceng.com
-:.:-.- ,-:t7
1.
2.
J.
4.
5.
County Road 109 / CountY Road 154 Project No. 2000075.02
AGREEMENT
THE AGREEMENT, made this day of
-,2001-,
by a-n{ between L.B. Rose Ra4ph.
LLC hereinafter calleJ'OWNgn-*O ioun Corrrt.*tioo. Ini aoing business as a corporation
Eilre inaft er cal led " CON TRA C TO R".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
The CONTRACTOR will commence and complete the construction of the Rose Ranch
P.U.D. - County Road 109 / County Road 154 Project
The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labo.r and
other servic., n...rrury for the construction and compl'etion of the PROJECT described
herein.
The CONTRACTOR will commence and complete the work required by the CONTRACT
DOCUMENTS as stated in the NOTICE TO PROCEED dated . - - --- 2-qq1.-
;rhJih. p.iioO fo..o.pletion is extended otherwise by the CONTRACT DOCUMENTS.
The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and coriply with the terms therein for the sum of $ 1.933.960.24 '
The term "CONTRACT DOCUMENTS" means and includes the following:
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
BID
BID BOND
AGREEMENT
PAYMENT BOND
PERFORMANCE BOND
NOTICE OF AWARD
NOTICE TO PROCEED
CHANGE ORDER
GENERAL CONDITIONS
SUPPLEMENTARY CONDITIONS
SPECIFICATIONS prepared by High Country Engineering, Inc'
ADDENDA:
Those sections applicable to this contract in Addendum Numbers I -8
DRAWINGS prepared by High Country Engineering, lnc., numbered Sheets I through 80.
The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in
the General Conditions such amounts as required by the CONTRACT DOCUMENTS'
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
6.
7.
A-l
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by tfe]r .
OrfV *tlf,"-.i^O off*iulr, ttrii n'greement in three (3), each of which shall be deemed an original
on the date first above written.
County Road 109 / County Road 154
(sEAL)
ATTEST:
Project No. 2000075.02
OWNER:
L.B. Rose Ranch. LLC
BY
Name
Title
(Please Type)
Name William J. Hatch
(Please Type)
(sEAL)
ATTEST:
Title Manasins. Principal
Address c/o Gate Capital. LLC
650 Delancy Street
San Francisco. CA 94107
Telephone
CONTRACTOR:
Gould Construction. Inc.
Mark Gould
(Please TyPe)
Title Owner
Address P.O. Box 130
Glenwood Sprines. CO 81602
Telephone 070\945'7291
BY
Name
(Please Type)
Title
A-2
/Application )ronbridgc I'hasc 111
Use (Number of l otal Dwe)litrg tjnits, Inc)uding ADUd 6 l
Prepared 517i2015
identified ln Resqlution 98-28
identified in Resolution 98'28
match Resolution 98-28
Road Cost 52,
Road Capacity ir ADT I 8,43:i
Road Cost per ADT $t2l'52
ADT per Land Use 9 5
Brse Road lmptct Fee per Land Use $1,162
and Eridge Mill Levy for 2014 is 3.5
updated a.nuallY by Treasurers office
Line 7 bv Line l0
ofAnnual R&B Propefty Tax per Land Use S21l
Discount Ratc -5.
Design Li[c (Years)
Wo,lh Factor 10 84
Tax credit s3o5'25
11 subtracted from Line 5
ne 14 divided by Line 13
Lihe 12 by Line 15
ION ADIUSTMENT
-Boulder CPI Year of Cost Estimate 15a 1
Factor 1
TRUCTIoN INFLATION AD,USTED IMPACT IEE 5I,277
Calculation not necessary if construction cost estimate is the
year as the fee is collected
upoated annual y by Treasurers Office
Line 12 bv Line 19, N/A if Line 18 = 0
: lf the road construction was financed, derive the ,ina nced
ate from the debt repayment schedule prePared for the finaocing
substitute the derived rate for the Dis.ount Rate
Ierm (Years since the road was constructed) 1
lhterest Multiplier 1
Note: ln the case of debt Iinaning, enter the imputed multiplier
from the debt service schedule prepared for the finance
ADJUSTED IMPAST FEE 5857.
Line 16 by Number of Dwelling Unrts
Total Fee divided by 2
/2 of Fee divided by Number of Dwelling Unitl
FEE FOR TOTAL NUMBER OF DWEII.ING UNITS
1/2 OF TEE TO BE PAID AT IINAI. PLAT
FEE TO BE COLLECIED WITH EACH BUILDING PERMIT
identified in Resolution 98-28
E xhibit
V
tne Rnrd Imnect Fee Calculation Workshee( - REBUILD'I Us't t\
7
)
4
5
6
7
I
9
10
I1
r2 JNADjUSTED ROAD IMPACT FEE 9857.7(
13
74
16
17
18
19 :ounty Workbook
ffi wo rksheet - REBUI L-!,rE$Notes
Line
\s identified in Resolutlon 98 28
1
lohle l''ields in lllt<
Projcct/Applicalion Jronhidgc I'hase l' ll ard lll
Ledl-se(Nunrbeiof Total DwellingUnits, IncludingADUs) 3l(
Dale Prepsrcd 5/18/2oll
2
4
5
6
lasc Road Cost !;2 24o ooo
toad Capacity in ADT 18 41i:l
toadcostperADT $l2l 52
A.DT per Land Use I s7
Base Road Impsct Fee pcr Lrnd Use $l'162 96
As identified in Resolution 98-28
As identifled in Resolution 98-28
should match Resolution 98-28
Based on ITE Manlal
7
8
9
10
11
rAX CREDI'fS
80%ofAnnualR&BPropertyTaxperlanduse S28 16
County Discounl Ratc 5'00%
Road Dcsign Life (Yeus) 20
Present worth Faetor 10 84
PropertyTax Credit 5305'25
and Bridge N4ill Levv lor 2014 i5 3 5
updated annually bY Treasurers office
Countv workbook
Mu tiply Line 7 by Line
load
iate
JNADJUSTED ROAD IMPACT FEE 5857'7(-ine 11 subtracted from Lin€ 6
13
t4
76
INFIATION AO'USTMENT
Denver-Boulder CPI Year of Cost Estimate 158 1
DenvelBould€r CPI Year ot moacl Fee Calc )35'4
lnflation Factor 1 4889
PRE-CONSTRUCTION INII.ATIOT'I ADTUSTED IMPACT FEE S1'277'OT
Note: Calculation not necessary if consrruction cost estimate is the
same year as the fee is .ollected
:Pl for 1997
Estimated CPI for 2014
Line 14 divided bY tine 13
Multiply Line 12 by Line 15
17
18
19
20
POST-CONSTRUCIION COST ADIUSTMENT
county Discount Rate
Note: l, the road constructlon was Iinanced, derive the financed
rate from the debt repayment schedule prepared for rhe f nancing
and substitute the derlved rEte for the Discount Rate
Term (Years since the road was constr!cted)
Compouhd lnterest MultiPlier
Note: ln the case of debt finaning, enter the lmputed multiPlier
trom the debt seNice 5chedule prepated for the finance
instrumenL
POST.CONSTRUCTION AD.IUSTED IMPACT TEE S857'7C
Rate updated annually by Treasure15 Office
Workbook
Multiply Lrne 12 by Line 19, N/A if Line 18 = 0
rOTAL TEE FOR TOTAT NUMBCR OF DWETLING UNITS
I/2 OF FEE TO 8E PAIO AT FINAL PI.AT
IMPACT FEE TO BE COLLECTED WITH EACH BUILDING PERMIT
Multiply Lin€ 16 by Number of DwellinB IJnits
fotal Fee divided bY 2
1/2 of Fee divided by Number of Dwelling Units
SECOND SUPPLEMENT
TO
RESTATED DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
IRONBRIDGE
This Second Supplement to the Restated Declaration of Covenants, Conditions,
Restrictions and Easements for Ironbridge (the "second Supplement to Declaration") is made as
of _,2015 by Blue Heron Properties, LLC, a Colorado limited liability company
("Declarant").
WITNESSETH:
WHEREAS, Declarant has heretofore caused to be recorded a Restated Declaration of
Covenants, Conditions, Restrictions and Easements for Ironbridge on March 18, 2003, at Book
1447, Page 884 in the Garfield County, Colorado real property records (as amended or
supplemented from time to time, including by that certain first supplement dated Jun 16,2016
and recorded on July 19,2006 under Reception No. 702422, the "Declaration"); and
WHEREAS, in Article l5 of the Declaration, Declarant expressly reserved for itself and
its successors the right to expand the Property (all capitalized terms used herein shall have the
meanings as defined in the Declaration, unless otherwise defined or modified herein) by
annexing and submitting all or a portion of the Annexable Property to the terms and conditions
of the Declaration and creating Lots and/or Common Area by one or more duly recorded
Supplemental Declarations and Supplemental Plats; and
WHEREAS, Declarant wishes to submit to the Property the real property described as
Lots 20 through 42, inclusive, Lots 50 through 61, inclusive, and all Common Area and other
real propefty described in Phase III of the Ironbridge Planned Unit Development, according to
thePlatthereof,recordedon-,2ol5,atReceptionNo.-,intheGarfield
County, Colorado real property records (the "Phase III, Filing I Plat") (such real property
hereinafter referred to as the "Second Supplemental Property").
WHEREAS, Declarant wishes to reserve the right for itself and its successors to further
expand the Property in the future in accordance with the Declaration.
NOW, THEREFORE, Declarant hereby declares that both the Property and the Second
Supplemental Property shall be held, sold and conveyed subject to the following covenants,
conditions, restrictions and easements and the covenants, conditions, restrictions and easements
contained in the Declaration, which are for the purpose of protecting the value and desirability of
the Property, which includes pursuant to this instrument the Second Supplemental Property, and
which shall run with the land and be binding on all parties and heirs, successors and assigns or
parties having any right, title, or interest in all or any part of the Property, including the Second
Supplemental Property.
Second Supplement to Declaration
Page I of4
l. General. The terms and provisions contained in this Second Supplement to
Declaration shall be in addition and supplemental to the terms and provisions contained in the
Declaration. All terms and provisions of the Declaration, including all definitions, exceptthose
terms and provisions specifically modified herein, shall be applicable to this Second Supplement
to Declaration and to the Second Supplemental Property. The definitions used in the Declaration
are hereby expanded and shall hereafter and in the Declaration be deemed to encompass and
refer to the Property as defined in the Declaration and the Second Supplemental Property as
defined herein. For example, "Lot" means the Lots described in the Declaration plus the
additional Lots described above and on the Phase III Plat; as another example, "Property" means
the Property described in the Declaration plus the Second Supplemental Property; as another
exampli, "Common Area" means the Common Area described in the Declaration plus the
additional Common Area depicted on the Phase III Plat; as a final example, "Declaration" means
the Declaration as supplemented by this Second Supplement to Declaration. All ownership and
other rights, obligations and liabilities of Owners of original Units are hereby modihed as
described herein.
Z. Annexation of Second Supplemental Property. The Second Supplemental
property is hereby und, upon the recording of this Second Supplement to Declaration and the
phaie III Plat shall be, annexed into the Propefty, and each Lot, Common Area, and other
property within the Second Supplemental Propefty shall be subject to all of the covenants,
conditions, restrictions and easements as contained in the Declaration.
3. Effect of Expansion. Assessments bythe Association as provided in Article l1 of
the Declaration, upon the recording of this Second Supplement to Declaration and the Phase III
Plat, shall be assessed to all Owners in accordance with Article 11, regardless of whether such
Owner is the owner of property which is part of the Second Supplemental Property or part of the
definition of the fropl.ty prior to the recording hereof. Notwithstanding any inclusion of
additional real Property under the Declaration, each Owner (regardless of whether such Owner is
the owner of Property which is part of the Second Supplemental Property or part of the definition
of the Property-prior to the recording hereof) shall remain fully liable with respect to his
obligation for the payment of the Common Expenses of the Association, including the expenses
for any new Common Area, costs and fees, if any. The recording of this Second Supplement to
Declaiation shall not alter the amount of the Common Expenses assessed to an Owner prior to
such recording.
affordable housing lot or unit within the Second
to Article 8 of the Garfield County Land Use and
provision within the Declaration (as amended or
supplemented) relatin g to affordable housing.
of any one of these covenants or restrictions by
affect any other provisions which shall remain in full
6.Conflicts Between Documents. In case of conflict between the Declaration, as
supplemented hereby, and the articles of incorporation or bylaws of the Association, the
Declaration as supplemented shall control.
Second Supplement to Declaration
Page2 of 4
4. Affordable Housins. Each
Supplemental Property is expressly subject
Development Code of 2013 and any other
5. Severability. Invalidation
judgment or court order shall in no way
force and effect.
End of Instrument
Signature P age Follow s Immediately
Second Supplement to Declaration
Page 3 of4
STATE OF COLORADO
COI.]NTY OF GARFIELD
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Management, LLC,
a Colorado limited liability company
John B. Young, its Manager
and
By its Manager, CLM Blue Heron,LLC, a
Colorado limited liability company
By:
James W. Light, its Manager
before me this _ day of
-,
Manager, Blue Heron Management, LLC, by its
and official seal.
_ day of
Blue Heron, LLC, by its Manager,
By:
)
)ss.
)
The foregoing instrument was acknowledged
2015, by Blue Heron Properties, LLC by its
Manager, John B. Young. WITNESS my hand
My commission expires:
Notary Public
srATE OF COLORADO )
)ss.
COLINTY OF GARFIELD )
The foregoing instrument was acknowledged before me this
2015,by Blue Heron Properties, LLC by its Manager, CLM
James W. Light. WITNESS my hand and official seal.
My commission expires:
Second Supplement to Declaration
Page 4 of 4
Notary Public
GARF'IELD COUNTY TREASURER'S DEPOSIT AGREEMENT
IRONBRIDGE PHASE III, FILING 1 REVEGETATION
Owner: Blue Heron ProPerties, LLC
THIS 2015 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
IRONBRIDGE PHASE III, FILING 1 REVEGETATION ("Deposit Agreement") is entered into
by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"),
the Garfield County Treasurer, Georgia Chamberlain ("Treasurer"), and Blue Heron Properties,
LLC ("Owner").
Recitals
The BOCC approved the Owner's Application
PHASE III, FILING 1 REVEGETATION pursuant to
for a Crading Permit for the IRONBRIDGE
Permit Number
The Grading Permit requires provision of "security for Revegetation" and Owner wishes
to deposit good funds for such security.
The BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit
Agreement as such financial assurance.
The Treasurer is willing and able to hold such funds in accordance with the Treasurer's
statutory duties outlined in C.R.S. $$ 30-10-701, et seq. and 30-l-102, as amended.
Agreement
NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as
follows:
1. Ironbridge Phase III. Filins I Revegetation Treasurer's Account. Owner shall
deposit with the Treasurer the sum of Thirty Thousand Dollars ($30,000.00) to secure
revegetation as required in the Grading Permit. In consideration of the service fee payable to the
Treasurer, identified in Paragraph 2, below, the Treasurer shall place the funds in an interest
bearing account and disburse funds there from in accordance with the terms of this Deposit
Agreement. Such account shall be known as the "lronbridge Phase Ill, Filing I Revegetation
Treasurer's Account" and shall be subject to the terms and conditions of this Deposit Agreement.
2. Treasurer's Service Fee. The Treasurer's service fee shall be, in accordance with
C.R.S. $ 30-l-102(1)(c), as amended, one percent (1.0%) of the deposited funds, i.e., Three
Hundred Dollars (S300.00). The service fee covers administrative costs incurred by the Treasurer
in distributing and accounting for the Ironbridge Phase Ill, Filing 1 Revegetation Revegetation
Treasurer's Account. Such fee shall be paid by Owner in cash or by check made payable to the
Garfield County Treasurer, as identified in the "Receipt" section of this Deposit Agreement (page
5), on or before the date of execution of this Deposit Agreement. The service fee is deemed to be
earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on the
Ironbridge Phase IIl, Filing 1 Revegetation Treasurer's Account shall be paid to Owner as part of
the single disbursement detailed in Paragraph 3, below. The Treasurer shall thereafter provide to
Owner a report of interest earned, as required by state and federal tax law. Owner shall provide a
completed Form W-9 to the Treasurer at the time the deposit is made.
3. Disbursement Procedure. Disbursement from the
Revegetation Treasurer's Account shall be made by the Treasurer I
BOCC, as follows:
r Ironbridge Phase III, Filing I
upon the written direction of the
Department
Vegetation
substantial
correct the
a. Request for Review and Approval. Upon complying with the two-year
revegetation requirement, Owner shall obtain written approval from the Garfield County
Vegetation Management Department of the required revegetation work.
b. Deficiencies. If the Garfield County Vegetation Management
refuses approval of the success of revegetation, the Garfield County
Management Department shall provide written notice of deficiency in
compliance with the provisions of the Grading Permit and Owner shall
identifi ed defi ciencies.
Sinsle Request for Disbursement. This Deposit Agreement does not
provide for successive partial releases or disbursements from the Ironbridge Phase lll,
Filing I Revegetation Revegetation Treasurer's Account. One (l) final disbursement shall
be requested by Owner, upon completion of Revegetation. Owner specifically recognizes
and agrees that partial releases are not allowed.
d. Request for Disbursement/Release. Owner shall request disbursernent by
means of a written "Request for Disbursement," addressed to the BOCC and delivered to
the Garfield County Building and Planning Department. The Request for Disbursement
shall be accompanied by an approval statement from the Garfield County Vegetation
Management Department.
BOCC's Acknowledgment and Direction. Upon review of the submittals
required by Paragraph 3.D., above, if the BOCC approves the statement from the Garfield
County Vegetation Management Department, the BOCC shall issue its "Acknowledgment
of Satisfaction and Direction to Treasurer", in a form substantially similar to that document
attached to and incorporated herein by reference as Exhibit 1.
BOCC's Completion of Revegetation. Il in the sole discretion of the
BOCC, the Owner's revegetation success is deemed unsatisfactory within the period of
time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or
cannot complete the revegetation under the Grading Permit, the BOCC may withdraw and
employ from the Ironbridge Phase III, Filing I Revegetation Treasurer's Account such
funds as may be necessary to carry out the revegetation. If funds are inadequate,
responsibility to complete remaining Revegetation shall be that of the Owner, not the
BOCC. If the BOCC elects to complete the Owner's revegetation work, expenditure on the
effort shall be no more than the principal amount of the Ironbridge Phase lII, Filing I
Revegetation Treasurer's Account, plus interest, if interest is due Owner. If the cost of the
revegetation to the BOCC is less than the amount available, the BOCC shall return the
overage to Owner within a reasonable period of time following completion by the BOCC.
4. Term. The term of this Deposit Agreement shall begin
defined below, and end on or before two yeari following approval
Owner has failed to complete the Revegetation within this term,
Agreement shall continue to be maintained by the Treasurer until
revegetation by the BOCC under Paragraph 3.f.
on the date ofexecution, as
of the Crading Permit. If
all funds held under this
needed for completion of
5. Waiver. Consent and Indemnity. Owner consents to the disbursement procedure
and other actions authorized and provided for by the terms of this Deposit Agreement. Owner
waives any claim against the BOCC, the Treasurer, their officers, employees, agents, and
contractors, on account of each of their good faith performance of their obligations under this
Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer,
their officers, employees, agents, and contractors from and against any claim made on account of
this Deposit Agreement.
6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend
indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each
waive any claim against the Treasurer involving this Deposit Agreement, unless such claim is
premised upon the wanton and willful misconduct of the Treasurer.
7. Binding Effect. This Deposit Agreement shall be binding on
assigns of all parties and shall terminate upon final disbursement of funds held
the Ironbridge Phase lll, Filing I Revegetation Treasurer's Account.
the successors and
by the Treasurer in
8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of
governmental immunity applicable to the BOCC under Colorado law.
9. No Asency. The making and execution of this Deposit Agreement shall not be
deemed to create a partnership, joint venture, or agency or fiduciary relationship among the
parties.
10. Integration. This Deposit Agreement constitutes the entire agreement among the
pafties pertaining to the method of deposit and disbursement of the Ironbridge Phase III, Filing I
Revegetation Treasurer's Account. No supplement, modification or amendment of this Deposit
Agreement, other than changes as to notice information, shall be binding unless executed in
writing in a document of equal formality as this Deposit Agreement.
11. Notices. Any notice required or permitted by this Deposit Agreement shall be
given in writing and shall be effective upon the date of delivery, or attempted delivery if delivery
is refused. Delivery shall be made in person, or by certified return receipt requested U.S. Mail or
receipted delivery service to:
Garfi eld County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
If to County:
Garfi eld County Treasurer
Georgia Chamberlain
8th Street, Suite 204
Glenwood Springs, CO 81601
If to Owner Blue Heron Properties, LLC
430 Ironbridge Drive
Glenwood Springs, CO 81601
Changes in address, phone number and identity of contact person(s) shall be made in
writing, and may be made without formal amendment of this Deposit Agreement.
WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date
of execution by the BOCC, as beneficiary, noted below.
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
Clerk to the Board
Date:
Chairman
DEPOSITOR/OWNER:
BLUE HE,RON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron ManagementrLLC, a
Colorado limited liability company
John B. Young, its Manager
and
By its Manager, CLM Blue Heron 'LLC, a
Colorado limited liability company
By:
By:
By:
James W. Light, its Manager
RECEIPT
Check No.
Cash
Form W-9:
Received
By:
Print Name:
Title:
Office of the Treasurer
Date:
Form 1099 shall be sent to:
Exhibit 1
RI,QUEST FOR DISPURSEMENT OF TREASURER'S ACCOUNT
IRONBRIDGE PHASE III, FILING 1 REVEGETATION
Board of County Commissioners
Garfi eld County, Colorado
c/o Director of Building and Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Ironbridge Subdivision Phase III, Filing 1 Revegetation Treasurer's Account
This request is written to formally notify the BOCC of work completed for the Ironbridge
Subdivision. As Owner, we request that the BOCC review the attached approval statement from
the Garfield County Vegetation Management Department and approve a full release of the
amount held in the Ironbridge Phase III, Filing 1 Revegetation Treasurer's Account (the
"Treasurer's Account") in the amount of $. The attached approval statement
demonstrates that all revegetation required by the two-year revegetation requirement and secured
by the Treasurer's Account has been completed.
If further information is needed, please contact
DEPOSITOR/OWNER:
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Management, LLC,
a Colorado limited liability company
n B. Young, its Manager
By its Manager, CLM Blue Heron,LLC, a
Colorado limited liability company
By:
at
By:
Johr
and
James W. Light, its Manager
APPROVED:
Name:
Office:
Applicant:
REVEGETATION BOND
Blue Heron Properties, LLC
Mailing Address:430 lronbridge Drive
Glenwood Springs, CO 81601
Phone:
Planning File #:
Bond #:
970-384-0630
Amount Effect Date:
Bond Company:
Description of Project:Phase lll, Filing 1 of the lronbridge Subdivision. 12 acres of disturbance area
within the prolect boundaries will be required to be re-vegetated to Garfield County standards. Projected
cost of re-vegetation $2,500 per acre, $30,000 for the project area.
Bond Returned Upon Release to:
IRONBRIDGE SUBDIVISION
AFFORDABLE HOUSING AGRBEMENT
PHASE III _ IRONBRIDGE PUD
THIS AFFORDABLE HouslNG AGREEMENT (the "Agreement") for phase III of the
2015,Ironbridge PUD is entered into and shall be effective as of the _ day of
by and between BLUE HERON PROPERTIES, LLC, a colorado limited liability company
("BHP") and the COUNTY OF GARFIELD, COLORADO (,,the County,,).
WHEREAS, BHP has filed a Final Plat Application for the Ironbridge PUD, Phase
Filing l; and
WHEREAS, the Board of County Commissioners at its meeting on
approved the Final Plat Application; and
,2015
WHEREAS, as a condition of the Final Plat approval BHP is required to enter into an
Affordable Housing Agreement with Garfield County for the completion of affordable housing
in the Ironbridge PUD Phase III, Filing 1.
1. Except as modified herein, the terms and conditions of the Affordable Housing
Plan attached as Exhibit I shall control as to the provision of affordable housing within Phase
III, Filing 1.
2. BHP is required to provide the equivalent of ten percent (lO%) of the free market
housing in Phase III, Filing I as deed-restricted affordable housing as a component of the
affordable housing plan attached hereto as Exhibit I and incorporated herein. BHP has
designated six (6) lots within Phase III, Filing I for affordable housing.
3. BHP shall on or before the issuance of every tenth (10th; building permit for
construction within Phase III, Filing l, have made available for sale an affordable housing unit in
Phase IIl, Filing l, or shall have escrowed $150,000 to be used for the completion of said
affordable housing unit. The Escrow Agreement shall be in substantially the same form as that
used for the Phase II Affordable Housing for the Ironbridge PUD, a copy of which is attached
hereto as Exhibit 2.
4. Affordable Units shall be priced in three categories as follows:
a. Category I - priced at70o/o of AMI, sold to 80% AMI households.
b. Category 2 - priced at 90%o of AMI, sold to 100% AMI households.
c. Category 3 - priced at 110/o of AMI, sold to 120% AMI households.
5. Any modifications to the Affordable Housing Agreement shall only be made upon
approval of the Board of County Commissioners.
6. ENTIRE AGREEMENT. This Agreement, along with any addendums and
attachments hereto, constitutes the entire agreement between the parties. The provisions of this
Ironbridge Subdivision
Affordable Housing Agreement
Phase III - Ironbridge PUD
Page 2 of 4
Agreement may be amended at any time by the mutual consent of both parties. The parties shall
not be bound by any other agreements, either written or oral, except as set forth in this
Agreement.
7. GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws of the State of Colorado, and venue shall be in the County of Garfield, State of Colorado.
8. GOVERNMENTAL IMMUNITY ACT. No term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions of the Colorado Goverrunental
Immunity Act, C.R.S. gg 24-10-101, et seq.
9. ASSIGNABILITY. Neither party shall not assign this Agreement without prior
written consent of the other party.
10. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective heirs, personal representatives, successors,
and assigns.
1 1. SURVML CLAUSE. The "lndemnification" provision set forth in this
Agreement shall survive the completion of the Services and the satisfaction, expiration, or
termination of this Agreement.
12. SEVERABILITY. In the event a court of competent jurisdiction holds any
provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
13. HEADINGS. Paragraph headings used in this Agreement are for convenience of
reference and shall in no way control or affect the meaning or interpretation of any provision of
this Agreement.
14. NOTICES. Written notices required under this Agreement and all other
correspondence between the parties shall be directed to the following and shall be deemed
received when hand-delivered or three (3) days after being sent by certified mail, return receipt
requested:
If to BHP:Blue Heron Properties, LLC
430 Ironbridge Drive
Glenwood Springs, CO 81601
Garfi eld County Attorney
I 08 8th Street, Suite 219
Glenwood Springs, CO 81601
If to County:
lronbridge Subdivision
Affordable Housing Agreement
Phase III - Ironbridge PUD
Page 3 of4
15. AUTHORITY. Each person signing this Agreement, and any addendums or
attachments hereto, represents and warrants that said person is fully authorized to enter into and
execute this Agreement and to bind the party it represents to the terms and conditions hereof.
16. ATTORNEYS' FEES. Should this Agreement become the subject of litigation
between BHP and the County, the prevailing party shall be entitled to recovery of all actual costs
in connection therewith, including but not limited to attorneys' fees and expert witness fees. All
rights concerning remedies andlor attomeys' fees shall survive any termination of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Professional Services
Agreement as of the date first above written.
BOARD OF COUNTY COMMISSIONERSATTEST: OF GARFIELD COUNTY, COLORADO
Clerk to the Board Chairman
Date:
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Managemen|LLC,
a Colorado limited liability company
By:
John B. Young, its Manager
and
By its Manager, CLM BIue Heron,LLC, a
Colorado limited liability company
By:
By:
James W. Light, its Manager
Ironbridge Subdivision
Affordable Housing A greement
Phase III - Ironbridge PUD
Page 4 of 4
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this day of
, 2015, by Blue Heron Properties, LLC by its Manager, Blue Heron
Management,LLC, by its Manager, John B. Young. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COI.INTY OF GARFIELD
The foregoing instrument was acknowledged before me this duy of
2015, by Blue Heron Properties, LLC by its Manager, CLM Blue I-leron,
LLC, by its Manager, James W. Light. Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT 1
IRONBRIDGE SUBDIVISION
AFFORDABLE HOUSING PLAN PURSUANT TO LUDC 8-2OI
PHASE III _ IRONBRIDGE PUD
1. LOCATION (8-201.A.1). Phase III of the Ironbridge PUD was approved for
either onsite or offsite affordable housing pursuant to Resolution 2008-42. At this time the
Owner is designating six (6) lots in Phase III, Filing 1 for affordable housing for all of Phase III
including the future Filing 2. Lots designated are 29, 42, 58, 59, 60 and 61.
NUMBER AND MrX OF UNrTS (8-201.A.3).
Free Market Lots: Sixty-one (61) (including both Phase III, Filing 1 and2)
Affordable Units (8-301.A): Six (6)
Minimum bedrooms required (8-301.B): 6 x 2.6: 15.6
I 5.6 + I .5 = 10.4 (rounded up to 1 1)
Mix of Units: Detached or attached two (2) or three (3) bedroom Units with a
total of eleven (l l) bedrooms.
2. SCHEDULE FOR CONSTRUCTION (S-201.A.3). Timing is controlled by the
LUDC and is anticipated to coincide with Building Permit issuance unless security is provided to
ensure completion. Owner will comply with to Resolution 2008-42, which requires construction
of affordable units equal to 10%o of the unrestricted units which have been sold, or made
available for sale.
3. UNITS BY CATEGORY (8-201.A.4). Six (6) detached or attached two (2) or
three (3) bedroom units with a minimum square footage of 950 sq. ft. Lot size will be as shown
on the Phase III, Filing I Final Plat.
4. PROPOSED HOA DUES (8-201.A.5). HOA fees will be consistent with I-UDC
$ 8-302(5) which limits the maximum amount to 75%o of free market. Current IPOA fees are
$125.00 and including Ironbridge Club dues are S329.00 per month resulting in a maximum
IPOA fees of $93.75 and a combined IPOA and Ironbridge Club dues of $246.75 per month.
5. FORM OF DEED RESTRICTION (8-201.4.6). The then current County
approved form of deed restriction will be used at the time of sale of the affordable housing units.
6. FINANCIAL SECRUITY (8-20f.A.8). The form of SIA provided by the
County Attorney includes Security for affordable housing. The Owner proposes that the
financial security associated with the affordable units be separate from the SIA and attached to
the final Affordable Housing Agreement as approved by the BOCC.
7. OFFSITE AFFORDABLE HOUSING (8-201.A.9). The Ironbridge Phase III
Preliminary Plan approved either onsite or offsite affordable housing for this Phase pursuant to
Resolution 2004-20. Currently there are twenty-four (24) Units constructed and occupied in the
Ironbridge PUD making it one of the largest single contributors of affordable housing in Garfield
County Planning Area I. As noted in I above onsite lots are being designated for affordable
housing.
8. COMPLIANCE WITH AFFORDABLE HOUSING GUIDELINES (8-
201.4.10). Owner intends to fully comply with the Garfield County Housing Authority
Guidelines. Owner has worked closely with GCHA on Phase II affordable unit sales and is
familiar with the regulations and process.
Date:
Exhibit 2
Affordable Housing Plan
Escrow Agreement
Esclow Numbel-CIoser:
The undersigned deposit with Land Titie Guarautee Company, a Colorado Corporation, as Escrow Holder (the "Escrow Holder"), the
items set forlh in Schedule A, to be held by Escrow Holder subject to the terms of this Escrow Agreement, the Ceneral Provisions to
the Escrow Agreement and the Special lnstructions in Schedu]e B (collectively, the "Escrow Agreemeut").
E aU cash deposits must be accompanied by a Fonn W-9 Request for Taxpayer Identification Number.
"Schedule A"
(Deposits)
from
"Schedule B"
(Special Instructions)
I Special Instruction No. I (Repairs)Attached
! Special Instruction No. 1a (Cor:rpletion) Attached
I Speciai Iastruction No. 2 (I-ender Cornpletion Iustructions) Attached
I Special Instruction No. 3 (IndenrnityAgreement - Cash Deposit) Attached
I Special Instruction No. 4 (Depository Instructions) Attached
I Special lnstruction No. 5 (F.I.R.P.T.A)
f] Special lnstuctionNo. 6 QR.esolution of Miscellaneous Issues)
E eii others (See attached Exhibit "A')
The parties to the Escrow Agreement, by their signafure below, aclnowledge and agree that they have read, and will be bound by the
Escrow Agreement, including the General Provisions to the Escrow Agreemeut, and the Special Instructions in Scheduie B.
Seller(s):
(if applicacle)
BuyerlBorrower(s):
(if applicable)
Form I3575 12/2013 ea.spec.instodt {22894323}
By
Address:
Phone #:
Fax #:
Email:
Contact:
Lender:
(Ifapplicable)
Address:
Phone #:
Contact:
A.ny correspondcncc rcgardilg this cscrow shall be
addressed to:
Land Title Guarantee Company
5975 Greenwood Plaza BIvd.
Greenwood Village, Colorado 801I I
Attn: Escrorv Coordinator
Phone: 303-321-1880
Fax: 303-399-8193
Address:
Phone #:
Fax #:
Email:
Contact:
Escrow F'ees to be as Follows:
(a) Set up I'ee:
(b) Miscellancous:
Note: After the issuance of four (4) checks, a fee of $10.00 per
check will be made for each additional check.
Receipt of the Escrow Deposit and acceptance olthc Escrow
Agr:eement hereby acknowledged by:
T-and Title Guarantee Company - Escrow Holdcr
By:
Form 13575 1212013 ea. spec.inst.odt 1228943231
Land Title Guarantee Company Initials
General Provisions to the Escrorv Agreement Initiul,
t. Notices.
Any a61i.., required or permitted to be given under the Escrow Agreement shall have been deerned to have been served:
i. one business day af.ter the notice is hand delivered with pr:oof of receipt by the addressce, or
1i. one business day after transmission by facsimile evidencing cont'irmation of receipt by the receiving facsirnile
machine, or
iii. one business day afler transmission by email evidencing confinnation of receipt b1, the receiving email address, or
iv. if reputable overdght courier (such as United Parcel Service or Pederal Express) is used, on the imrnediately
foilowing business day after notice is sent for ovenright delivery, or
v. i-f the United States Mail is used, on the third business day after the notice is deposited in the United States Mail,
postage prepaid;
Provided in each case such notice is addressed to the parties at the addresses given on the frst page of this Esclow Agleement.
2. Reliance on Notice.
Escrow Holder may act in reliance upon any vr'riting or instrument or signature which Escrolv Holder, in good taith, believes to
be genuine, and may assurne the validity and acculacy of any statement or assertion contained in such a lvriting or ilrstrument,
and may assulne that any person purpofting to give any ru'iting, notice, advice or insfirrction in connection with the provisions
hereofhas been duly authorized so to do.
3. Laws Relating to Unclaimed Funds.
Seller and Buyer are hereby adviscd that unclairncd funds may bc payablc to thc Statc at some future date pursuant to
unclaimed property laws, and should Escrow Holder pay any such funds held in the Escrow Deposit, Escrow Holder shall be
release fi'om all fluther responsibilit"v under thc Escrow Agrccmcnt and shall not bc liablc to any Party so long as such paymetrt
was made pursuant to applicable larv.
4. Escrow Deposit and Interest Earned on ,Escrow Deposit.
a. Upon leceipt of rvritten dilection of the parties along rvith a completed W-9 any money comprising the Escrol Deposit
rvill be invested in an interest bearing accoult.
b. Deposits of $ I 00,000.00 or more may be directed by the parties hereto to other types of investments, or the Escr ow
Holder riay invest the Escrow Deposit in Repurchase Agreements for U. S. Treasury obligations or other Federal agency
issued securities.
c. Escrorv Holder shall not be responsible for maxitnizing the yield on the Escrow Deposit. Under no circumstances shall
Escrou,Holder be liable for loss of funds due to bank or other Instirution failure, including emplol,ss5 or agents thereo[
suspension or cessatior ofL.rusiness, or any action or inaction on the part ofthe bank or other institution, or any delivery
service tlansporting funds to and fiom the institution.
d. AII parties hereto sliall execute and deliver to Escrow Holder all forrns required by federal, state or other governmental
agencies relative to taxation matters and Escrorv Holder will file appropriate 1099 or othcr required forms.
Fees and Expenses of Escrow Holder.
a. The Escrorv Holder shall be entitled to reimbursement in full. or may demand payrnent in advance, for al1 costs,
expenses, c-lrarges, fees or other payments made or to be rnade by Escrow Holder in the perlormance of Escrorv Holder's
duties and obligations under the Escrow Agreement.
b. The parties to the Escrow Agreement are jointly and severally liable for the paynent to Escrorv Holdel of all fees and
expenses. Escro'iv Holder is hereby authorized and directed to reimburse to itself in payment of fees or expenses frorn
any funds in tlre Escrow Deposit, wl.rether from principal or interest or both, at any tfune, and from time to tirne, as the
sarne may be due and owing.
c. Escrow Holder is hereby authorized to rvithhold any fees or expenses fiom any disbursement or distribution ofEscrow
Deposit to any Party hereto or to the Clerk of the Court upon interpleader.
d. In the event that the Escrow Deposit shall consist of docurnents ody and not funds, Escrow Holder may refirse to
distr-ibute any such docurnents or to otherwise act wrder this Agreement until all acclued but unpaid fees and expenses
have been paid in full.
rm 13575 12lz0l3 ea.spec.inst.odt {22894323}
NonJiabilitl, of Escrovv Holder.
a. Escrou,Holder shall not be liable for an1, mistakes of fact, or enors ofjudgment or for any acts or omissions of any kind
unless caused by the wi11ful rnisconduct or gross negligence of Escrow Holder.
b. Escrow Holder shail not be liable for any taxes, assessments or other goveflmental charges which may be levied or
assessed upon the Escrow Deposit or any pafl thereof, or upon the income therefrom.c. Escrow Holder may rely upon the advice of counsel and upon statements of accountants, brokers or other persons
reasonably believed by il in good faith to be expert in the inatters upon rvhich they are consulted, and for any reasonable
action taken or suffeled in good faith based upon such advice or statements.
Indemnity of Escron' Holder.
The Seller and Buyer jointly and severally, agree to:
i. indernnifl, Esctow Holder for, atd hold it hannless against any and all liability incurred by the Escrorr- Holder by
reason of this EscrowAgreement. or ir connection with Escrou,Agent's perfonnance of its dutics lrereunder, except
for Escrow Holder's orvn willful misconduct or gross negligence, andii. reimburse Escrow Holder for all its expenses, inc)uding, but not neccssalily lirnited to, attorncys' fees and court
costs incurred pu'suant to this Escrow Agreement.
Request for Written Instructions.
a. Escrow Holder rnay at an)/ time. and fi'onr time to time, request the Seller and Buyer to provide written instuctions
concerning the propriefy of a proposed payrnent of the Escrow Deposit. distribution of documents, or other action or
refusal to act by Escrow Holder,
b.Should the Sel1er and Buyer fail to provide such rwitten instructions within a reasonable time, Escrow Holder may take
such action, or reflrse to act, as it may deem appropriate and shall not be liable to anyone for such action or refusal to act.
Notwithstanding the foregoiug, should the tenns of the Escrow Agreement be complied u,ith, in the judgment of Escrow
Holder, then the Escrow Holder rnay disburse any funds, distribute documents, or take such action without specific
further wriften instructions f,'om any Party.
Disputes and Interpleader.
In the event of any dispute between the Parties as to ejther lar,,,or fact, or in the event any of the parties hereto fail, fbr
any reason, to fltlly rccciptand acquitthe Escrow Holder in rvriting, Escrow Holderrnay rcfuse, irr its discretion, to can]
out said escrow instructions or to deliver any funds, documents. or propefty in its hand to anyone and in so doing shall
not becorne liable to demand.
Escrow Holder shall be entitled to oontinue, without liability, to refrain and refuse to act:i. until ail the rights ofthe adverse claimants havc bcen hnally adjudicated by a court havingjurisdiction over the
Palies and the items affected hereby, after which time the Escrow Holder shall be enritled ro act in conformify with
such adjudication: or
ii. until all differences shall have been adjusted by ag eement and Escrorv Holder shall have been notified thereof aud
shall have been directed in writing signed jointly or il counterpart by the parties and all persons making adverse
claims or demand, at which tinre Escrow Holder shall be protected in acting in compliance therervith.c. Escrow Holder also has the i-ight to interplead into a court of cornpetent jurisdiction at the expense of the .Parties.
Resignation of Escrow Holder.
a. Escrorv Holder rnay resign under this Agleernent by giving vr.ritten notice to all of the pafiies hereto, efTective 30 days
after the date ofsaid notice.
b. Upon the appointrnent by the parties of a new escrow holder or custodian, or upon written instructions to Escrow Holder
for other disposition ofthe Escrow Deposit, Escrow Holder shall, after retention ofits accrued cscrow fees and expcnses,
if any, shall deliver the Escrow Deposit withrn a reasonable period of time as so dilected and shall be lelieved of any and
all Iiability hereunder alising thereafter.
Applicable Law.
This Agreeraent shall be governed by the Iaws of the State of Colorado.
Counterparts/Third Party Beneficiaries.'lhis Escrow Agreemeut may be executed in any number of counterpafts, each of u4rich when so executed shall constifute the
entire ag'eement between the Seller and Buyer. The Seller and Buler acknowledge and agree that there are not intended or
unintended third party beneficiaries who may rely upon or benefit fiom the provisions of this ag'eement.
Electronic Signatu res and Notices.
The execution of this Esct orv Agreement, and any other notice required or pennitted under this Escrow Agreement, may be
given and transmitted by electronic means (including email, facsirnile. or similar transrnission) and shall be deerned effcctive
for all purposes. Documents rvith original signatures are not requi.red. If original signatures are requiled by any parly, this
request must bc made prior to execution of this Escrow Agreement or any otlrer notice, to ensule compliarcc vvith the request.
10.
13.
F'orm13575 12/2013 ea.spec.inst.odt {228943231
12.
Exhibit A
Affordable Housing Escrow Agreement
This Escrow Agreement is entered into by and between Blue Heron Properties LLC
("BHP") and the Board of County Commissioners for Garfield County, Colorado ("BOCC") and
Escrow Holder for the purpose of securing the completion of construction of deed restricted
affordable housing units ("Affordable Units"), as defined under Section 4.14 of the Garfield
County Zoning Resolution of 1978, as amended, within honbridge Planned Unit Development,
Phase II and Phase III, all in accordance with BOCC Resolution No. 2004-20 ("PUD Approval"),
which provides in relevant part:
In order to ensure that affordable dwelling units are made available for sale in a
manner corresponding to the development of non-restricted lots within the first
subdivision phase and all subsequent phases of the Ironbridge PUD, Applicant
shall be required at all times and until construction of the entire 30 affordable
dwelling units is complete, to have constructed and sold or constructed and [sic]
available for sale, affordable dwelling units in a number equal to 100% of the
total number of unrestricted units which have at that time been sold or made
available for sale. If at any time, this percentage falls below that require d l0o ,
Applicant shall be required for each such deficient affordable dwelling unit, to
place $150,000 into an escrow account in favor of the Board or to provide such
other security in lieu thereof as may be acceptable to the Board, which funds or
security the Board will then apply toward the construction of the affordable
dwelling unit.
In accordance with the above, Escrow Holder is instructed to disburse the funds deposited
hereunder ("Escrow Deposit"), as follows:
To BHP
E,scrow Holder shall disburse the sum of 537,500.00 to BHP upon Escrow Holder's
receipt of written confirmation that as to each Affordable Unit the following stage of
construction inspection has been satisfactorily completed:
1. Footing and Foundation Wall;
2. Plumbing, Chimney and Vent and gas piping;
3. Framing and Insulation and Drywall;
4. Certificate of Occupancy (Temporary or Final)
Said sum shall be disbursed for each such Affordable Unit at the completion of each
identified stage of construction inspection hereinabove identified. Written confirmation shall be
made utilizing the standard construction inspection process under the current Garfield County
Building Code employed by the Garfield County Building Department and shall be signed by the
Garfield County Planning Director or his or her designee. All interest on the Escrow Deposit
accrued during the term of this Escrow Agreement shall be disbursed to BHP upon confinnation
of completion of the last required Affordable Unit.
The procedures set forth hereinabove are intended to govern the manner in which the
Escrow Deposit are disbursed to BHP and shall not affbct in any respect the manner or conduct
of inspections to be performed by the Office of the Garfield County Building Inspector.
To the BOCC
Escrow Holder shall disburse the balance of the Escrow Deposit, together with all
accrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved written
resolution of the BOCC confirming that the BOCC has determined BHP to be in default under
the PUD Approval. Such determination shall be made at a duly noticed public meeting for
which BHP has been provided two weeks advanced written notice.
BHP hereby waives any and all claims against the BOCC, its officers, employees, agents
and contractors on account of each of their good faith performance of their obligations under this
Escrow Agreement. BHP shall defend, indemnify and hold harmless the BOCC, its officers,
employees, agents and contractors from and against any claim made on account of this Escrow
Agreement
DECIt4,RATION OF DEED RESTNCTION AND AGREEMENT CONCERNING
THE SALE, OCCT]PANCY AND RESALE OF PROPERTY DESCNBED AS LOTS
297 TIIROUGH 316,IRONBRIDGE PLILNNED IINIT DEWLOPMENT, PAflTE II,
GARFIELD COUNTY, COLOMDO
THIS DECLARANON OF DEED RESTRICTION AND AGREEMENT
CONCERNING TI{E SALE, OCCUPANCY AND RESALE OF PROPERTY dCSCTibEd
as Lot ' through , Ironbridge Planned Unit Development, Phasp {, Garheld
-f,punty, Colorado ("Agreement") is made and entered into this day of
'(the "Decla.anf i, for ttrEbenefrt of the parties and enforceable by the Uarfielcl Uounry
Housing Authority ("GCHA"), a duly constituted housing authority established pursuant
to Colorado law, its successor or agent, and the Board of County Commissioners of
Garfield County, Colorado (tIe "Govemrnental Entity").
RECITALS AND DEF'INITIONS
A. Declarant is the owner of and is in the process of developing and either platting or
condominiumizing a residential community known as Ironbridge Planned Unit
Development ('lronbridge"), Garfield County, Colorado; and
B, Declarant desires to set aside ) Units within lronbridge, for the purpose of
providing affordable housing for persons employed or residing full time in Garfield
County, Colorado (the "County"), which Units are identified as Lot I through
Ironbridge Planned Unit Development, Phase , according to the Final Plat therefore
recorded in the records of the Clerk and Recorder for Carfield County, Colorado on
as Reception No. 70240. For purposes of this Declaration and Agreement, such
real property and all dwellings, appurtenances, irnprovements and fixtures associated
therewith shall be refered to herein individually as a Unit or collectively as Units or
Property; and
After completion of construction, each Unit, together with fixtures, equipment
appurtenances thereto, shall be conveyed to "Qualified Buyers" as defined below;
D. The Garfield County Affordable Housing Guidelines adopted by the
Governmental Entity as part of the Garfield County Zoning Code and Subdivision
Regulations shall constitute the Affordable Housing Guidelines ("Guidelines") referred to
throughout this document; and
E. GCFIA is a duly constituted Housing Authority established pursuant to Colorado
law, and the Governmental Entity is a statutory county established pursuant to Colorado
law, both of which have rights to enforoe this Agreement as set forth herein; and
F. The term "Qualified Buyers," as used herein, are natural persons meeting the
income, residency and all other qualifications contained in the Governmental Entity's
C.
and
and
Ec;r\-
Guidelines, as amended, who rnust represent and agree pursuant to this Agreement to
occupy the Unit as their sole place of residence, not engage in any business activity
within the Unit other than that pennitted in that zone district or by applicable ordinance,
and not sell or otherwise kansfer the Unit for use in a trade or business; and
G. The terrn "oumer," as used herein shall mean the person(s), other than a Non-
Qualified Transferee as defined in Section 4, who acquires an ownership interest in a
Unit in cornpliance with the terms and provisions of this Agreement, it being understood
that such person(s) shall be deemed an "OwneC' hereunder only during the period of his,
her or their ownership interest in the Unit and shall be obligated hereunder for the full
and complete performance and observance of all covenants, conditions and restrictions
contained herein during such period.
NOW THEREFOBE, for value receivdd, the ret0pt and sufficiency oTiltiioh is hereby
acknowledged, Deciarant hereby declares, covenani, and agrees as follows:
SECTION T
DECLARATION
1.1 For the purposes set forth herein. Declarant, for itselfand its successors and assigns,
hereby declares that the Property, and each Unit within the Property, shall be owi'ed,
held, transferred, conveyed, sold, leased, rented, hypothecatei, encumbered, used,
occupied, irnproved, altered and enjoyed subject to the covenants, conditions, restrictions,
privileges, rights and other provisions herein set forth, for the duration hereof, and all ofwhich shall run with the land and be binding upon all Owners, occupants and other
persons, including Non-Qualified Transferees, having or acquiring any right, title or
interest in or to the Property or any Unit thereof, and their i"rp".tiw- heiis, personal
representatives, successors and assigns and shalt be binding upon and inure to thi benefit
of the Governmental Entity, and their respective .r""er.o.i and assigns. All persons who
purchase Units shall be Qualified Buyers, as such term is defrned in this Oecliration.
1.2 Declarant hereby restricts the acquisition or transfer of the Units to eualified Buyers,
as that term is defined in this Agreement, who fall within the qualifications established
and adopted by the Governmental Entity from time to time in its Cujdelines. In addition,
Declarant agrees that this Agreement shallconstitute a resale agreement setting forth the
maximum^resale price for which the Units may be sold (..MaxImum Resale p-rice,,), the
amount of appreciation, and the terms and provisions controlling the resale of tlre Units.
Declarant restricts the Property and Units against use and o".rpuiry inconsistent with the
terms of this Agreement.
L3 By the acceptance 9f_any deed conveying any Unit subject hereto, the grantee ofsuch
deed-shall accept all of the terms, conditions, limitations, iestrictions and uses concainedin this Agreement. In addition, prior to the delivery of a deed conveying any Unit to agrantee, such grantee shall execute a Memorandum of Acceptance in the form attachedhereto as Exhibit A, evidencing grantee's acknowledgment and agreement to the terms,conditions, limitations, restrictions, and uses contained in this Agrelment,
1.4 Notwithstanding any provision of this Agreement to the contrary, it is expressly
agreed and acknowledged that the terms, conditions, and restictions of the Agreement
with respect to the use and occupancy of any Unit thereof shall not apply to Declarant
during its ownership thereof following the issuance of a Certificate of Occupancy for the
Unit, provided, however, that the Declarant shall make no transfer of any Unit except to a
Qualified Buyer as defined in this Agreement.
SECTION 2
USE AND OCCTIPA}ICY OF PROPERTY: OWNER RESIDENCY REOUIRED
2.1 Except as otherwise provided herein, the use and occupancy of any Unit shall
henceforth be limited exclusively to housing for natural persons who meet the definition
iof Qualified Buyer(s) and their families.
2.2 An Owner, in connection with the purchase and ownership of a Unit, must: (a)
occupy the Unit within this Property as his, her or their sole and exclusive place of
residence during the time that such Unit is owned; (b) not cngage in any business activity
on or in such Unit, other than as permitted in that zone district and any Declaration of
Protective Covenants affecting the Unit or Units; and (c) satisfy the residency and
ernployment requirements of the Guidelines; and (d) sell, convey, or otherwise transfer
such Unit only in accordance with this Agreement and the Guidelines.
2.3 ln the event an Owner ceases to utilize a Unit as his sole and exclusive place of
residence, the Unit shall be offered for sale pursuant to the provisions of subsection 3.1
of this Agreement. The Owner shall be deemed to have ceased utilizing the Unit as his
sole and cxclusive place of residence by becoming a resident elsewhere or by residing in
the Unit for fewer than nine (9) months per calendar year without the express written
approval of the Govemmental Entity or the GCHA. Where the provisions of this
subsection 2.3 apply, the Govemmental Entity or GCHA may require the Owner to rent
the Unit in accordance with the provisions of Section 5.
2.4 lf an Owner of a Unit must leave the area as defined in the Guidetines for a limited
period of time, and desires to rent the Unit during such absence, a leave of absence may
be granted by the Governmental Entity or GCHA in accordance with the Guidelines.
SECTION3
SALE OF UMT: MA)flMUM RESALE PRICE
3.1 In the event that an Owner desires to sell his Unit, the Owner shall consult with the
Govemmental Entity or the CCIIA to review the requirements of this Agreement,
including the method for determining the Maximum Resale Price. Following approval of
the Maximum Resale Price by the Governmental Entity or the GCIIA, thJOwner shall
list such unit for sale with the Garfield County Housing Authority, or as otherwise
provided in Guidelines or Guidelines then in effect, for a iales price not exceeding the
Maximum Resale Price and in accordance with the proceduies set forth in those
Guidelines. The Governmental Entity or the GCTIA shall charge a fee for its scrvices in
connection with resale in accordance with the fee schedule set forlh in the Guidelines
then in effect^ In order to be able to offer the Unit for sale at the Maximum Resale Price,
the Unit must be reasonably clean, all fixtures must be in working condition and any
damage to the Unit beyond normal wear and tear must be repaired. If these conditions are
not satisfied, the Govemmental Entity or GCHA may require that the owner agree to
escrow at closing a reasonablc amount to achieve compliance with these requirements or
reduce the Maximurn Resale price accordingly.
3.2 ln no event shall a Unit be sold for an amount in excess of the Maximum Resale Price
as determined in accordance with this paragraph. The Maximum Resale Price shall equal
the purchase price for the Unit paid by the Owner selling the Unit divided by the
Consumer Price Index, All Items, Denver/Boulder, Urban Wage Earners and Clerical
Workers (Revised), published by the U.S. Department of Labor, Bureau of Labor
Statistics ("Consumer Price Index"), published at the time of Owner's purchase as stated
on the settlement sheet, multiplied by the Consumer Price Index current at the date of
intent to sell, plus the cost of Permitted Capital Improvernents as defined on Exhibit B
attached hereto and incorporated herein by this reference (and as limited in paragraph 3.3
hereof). In no event shall the multiplier be less than one (l). For the purposes of this
subsection, "date of intent to sell" shall be the datc of execution of a listing contract, or if
a listing contract is not used, the date shall bc the date when the Unit is first offered for
sale. ln no event shall the Maximum Resale Price be more than the Owner's purchase
price, plus an increase of three percent (370) of such price per year from the date of
purchase to the date of Owner's notice of intent to sell, plus Permitted Capital
Irnprovements.
NOTHING HEREIN S}IALL BE CONSTRUED TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY THE DECLARANT, THE GCHA OR
THE GOVERNMENTAL ENTITY THAT UPON RESALE THE OWNER SHALL
OBTAIN THE MAXIMTruI RESAIE PRICE.
3.3 In order to quali$ as Permitted Capital Improvements, the Owner must furnish to the
Governmental Entity or the GCHA the following information with respect to the
irnprovements which the Owner seeks to include in the calculation of Maximum Resale
Price :
a. Original or duplicate receipts to verifo the actual costs expended by the Owner for
the Permitted Capital Improvements; and
b. Owner's affidavit veri$ing that the receipts tendered are valid and correct; and
c. True and conect copies of any building permit or certificate of occupancy
required to bc issued by the Garfield County or such other govemmental enfiry as
jurisdiction requires, with respect to the Permitted capital Improvements.
3.4 For the purpose of determining the Maximum Resale Price in accordance with this
I
IL-
Section, the Owner may also add to the amounts specified in subsections 3.2, the cost of
any perrnanent improvements constructed or installed as a result of any requirement
imposed by any govemmental agency, provided that wriften certification is provided to
the governmental agency or the GCHA of both the applicable requirement and the
information required by subsection 3.3.
3.5 In calculating the costs under subsection 3.2 and 3.3 only the Owner's actual out-of
pocket costs and expenses shall be eligible for inclusion. Such amount shall not include
an amount atkibutable to Owner's "sweat equity" or to any appreciation in the value of
the improvements.
3.6 An Owner shall not permit any prospective buyer to assume any or all of the Owner's
customary closing costs nor accept any other consideration which would cause an
increase in the purchase price above the bid price so as to induce the Owner to sell to
such prospective buyer.
3.7 Prior to Owner entering into a sales contract for the sale of his Unit to a prospective
buyer, such potential buyer shall be qualified by the Govemmental Entity or the GCHA
pursuant to the requirements of the Guidelines then in effect. Documented proof of
qualification shall be provided by the potential buyer, as requested by GCHA, prior to
purchase. An Owner shall neither enter into a sales contract for the sale of his Unit with
any person other than a Qualified Buyer nor any contract which provides for a sales price
greater than the Maximum Resale Price established in accordance with this Section. The
Owner must accept a Maximum Resale Price offer, and offers in excess of the Maximum
Resale Price shall be rejected. Prior to closing, all sales contracts for the sale of a Unit
subject to this Agreement shall be submitted to the Govemmental Entity or the GCHA for
its review and approval of the contract for consistency with this Agreement.
SECTION 4
NON-OUALTFIED TRANSFEREE
4.1 In the event thattitle to a Unit vests in individuals or entities who are not QualifiedBuyers as that term is delined herein, (hereinafter referred to as 'Non-Qualified
Transferee(s)"), and such individuals are not approved as Qualified Buyers within thirty
(30) days after obLaining title to the Unit, in the rnanner described in this Section, the Unit
shall immediately be listed for sale or advertised for sale by the Non-Qualified-l'ransferee(s) in the same manner as provided for Owners in subsection 3.1 above;
provided such action does not otherwise conflict with applicable law. The highest bid by
a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Resale
Price or the appraised market value, whichever is tess, which satisfies all obligations
under any existing first lien deed of trust or moftgage, shall be accepted. tf all suih bids
are below the lesser of ninety-five percent (95%) of the Maximurn Resale Price or the
appraised market value, the Unit shall continue to be listed for sale or advertised for sale
by the Non-Qualified Transferee(s) until a bid in accordancc with this subsection is made,
which bid must be accepted. The cost of any appraisal shall be paid by the Non-eualified
Transferee(s). In the event the Non-Qualified Transferee(s) eleit to sell the Unit without
I
the assistance of a real estate broker or agent, such Non-Qualified Transferee(s) shall
advertise the subject Unit for sale in a manner approved by Governmental Entiry or the
GCHA and shall use due diligence and make all reasonable efforts to accomplish the sale
of the Unit. In the event the Governmental Entity or the GCHA finds and determines that
such Non-Qualified Transferee(s) have failed to exercise such due diligence, the
Govemmental Entity or the GCHA may require the Non-Qualified Transferee(s) to
execute a standard listing contract on forms approved by the Colorado Real Estate
Commission, or its successor, with a licensed real estate broker or agent.
a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the
Unit to Qualified Buyer(s) and shall execute any and all documcnts necessary to
effect such conveyance.
b. Non-Qualified Transferee(s) shall not: (l) occupy the Unit; (2) rent all or any part
of the Unit, except in strict compliance with Section 5 hereof; (3) engage in any
other business activity on or in the Unit; (4) sell, convey or otherwise transfer the
Unit except in accordance with this Agreernent and the Community Housing
Guidelines; or (5) sell or otherwise transfer the Unit for use in a trade or business.
c. Where the provisions of this subsection 4.1 apply, the Govemmental Entity or the
GCHA may require the Non-Qualified Transferee(s) to rent the Unit in the same
manner as provided for Owners in Section 5, below.
d. Until sale to a Qualified Buyer is effected, Non-Qualified Transferee(s) shall
comply with all obligations of Owners set forth in this Agreement.
spcTroN s
BENTAL OF UNIT
5.1 An Owner may not, except with prior written approval of the Govemmental Entity or
the GCHA, and subject to the Governmental Entity or the GCHA's conditions of
approval, rent the Unit. Prior to occupancy, any tenant must be approved by the
Governmental Entity or the GCHA in accordance with the income, occupancy and all
other qualifications established by in the Guidelines. The Govemmental Entity or the
GCHA shall not approve any rental if such rental is being made by Owner to utilize the
Unit as an income producing asset, except as provided below, and shall not approve a
lease with a rental terrn in excess of twelve (12) months, A signed copy of the lease must
be provided to the Governmental Entity or the GCHA prior to occupancy by any tenant.
The rental amount under any such lease approved by the Governmental Entity or the
GCHA shall be "owner's cost." "owner's cost" as used herein, includes the monthly
expenses for the cost of principal and interest payments, taxes, property insurance,
homeowner's assessments, utilities remaining in owner's name, plus an additional
rwenty dollars ($20) per month and a reasonable (refundable) socurity deposit and
damage deposit as per the Guidelines. The requirements of this subsection shall not
preclude the Owner from sharing occupancy of a Unit with non-owners on a rental basis
provided Owner continues to meet the obligations contained in this Agreement, including
6
Section 2.
5.2 NOTHTNG HEREIN S}IALL BE CONSTRUED TO REQUIRE THE
GOVERNMENTAL ENTITY OR THE GCHA TO PROTECT OR INDEMNIFY THE
OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL,
INCLUDINC (NoT BY vfAY OF LIMITATIOhI") NON-PAYI\,IENT OF RENT OR
DAMAGE TO ,THE PREMISES; NOR TO REQUIRE THE GOVERNMENTAL
ENTITY OR THE GCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER
IN THE EVENT THAT NONE IS FOI'ND BY THE OWNER.
SECTION 6
BREACH OF AGREEMENT: OPPORTUNITY TO CURE
6.I In the event that the Govemmental Entity or the GCHA has reasonable cause to
believe the Owner is violating the provisions of this Agreement, the Governrnental Entity
or the GCHA, by its authorized representative, may inspect a Unit between the hours of
8:00 a.m. urd 5:00 p.m., Monday through Friday, after providing the Owner with no less
than 24 hours written notice.
6.2ln the event a violation of this Agreement is discovered, the Govemmental Entiry or
the GCHA may send a notice of violation to the Owner detailing the nature of the
violation and allowing the Owner fifteen (15) days to cure. Said notice shall state that the
Owner may request a hearing before the GCHA within fifteen (15) days to determine the
merits of the allegations. If no hearing is requested and the violation is not cured within
the fifteen (15) day period, the Owner shall be considered in violation of this Agreement.
If a hearing is held before the GCHA it shall be conducted in accordance with the hearing
procedures set out in Section 7, below, and the decision of the GCHA based on the
record of such hearing shall be final for the purpose of determining if a violation has
occurred.
6.3 The failure of the Govemmental Entity or the GCHA to insist upon the strict and
prompt performance of any of the terms, conditions and restrictions of this Agreement
shall not constitute or be construed as a waiver or relinquishment of the Governmental
Entity's or the GCHA's right or rights thereafter to enforce any term, condition or
restriction and the same shall continue in full force and effect.
SECTION 7
cnrnvaxEE6?nounrs
7.1 A grievance is any dispute that a tenant or Owner may have with the Govemmental
Entity or the GCHA with respect to action or failure to act in accordance with the
individual tenant's or owner's rights, duties, welfare, or status. A grievance may be
presented to the GCHA Board of Commissioners (hereinafter referred to as Board) under
the procedures set forth in guidelines adopted in the Garfield County Zoning Resotution
of 1978, as amended, section 4.14.11.
SECTION 8
REMEDIES
8.1 This Agreement shall constitute covenants running with the Property, described
hereinabove as a burden thereon, for the benefit of, and shall be specifically enforceable
by the Govemmental Entity, the GCIIA, and their respective successors and assigns, as
applicable, by any appropriate legal action against any non-complying Owners and/or
occupants.
8.2 In the event the parties resort to litigation with respect to any or all provisions of this
Agreement, the prevailing pafty shall be entitled to recover damages and costs, including
reasonable attomey's fees.
8.3 With the exception of a Public Trustee's or Sheriffs sale in a foreclosure proceeding
for the benefit of a first lien mortgage holder; in the event of any sale, transfer or
conveyance of the Property or any Unit thereoll each and every conveyance of the
Properry or Unit, for all purposes, shall be deemed to include and incorporate by this
reference the covenants, conditions, limitations, and restrictions herein contained, even
without reference therein to this Agreement.
8.4 ln the event that the Owner or occupant fails to cure any breach, the Governmental
Entity or the GCHA may resort to any and all available legal action, including, but not
limited to requiring sale of the Unit by Owner as specified in Section 3. The costs of such
sale shall be taxed against the proceeds of the sale with the balance being paid to the
Owner.
8.5 In the event of a breach of any of the terms or conditions contained herein by the
owner, his heirs, successors or assigns, the owner's purchase price of the Unit as
referred to in Section 3 of this Agreement shall, upon the date of such breach as
determined by the Governmental Entity or the GCIIA, automatically cease to increase as
set out in Section 3 of this Agreement, and shall remain fixed until the date of cure of
said breach.
SECTION 9
DEFAULT IN LOA]TI PAYMENTS: F'ORECLOSURE
9.1 The Owner may only finance its initial purchase of the Unit with a toan from an
Institutional Lender which is secured by a First Deed of Trust. For the purpose of ttris
Iimitation and as the terms are used in this Agreement, an "Institutional Lender" means
any bank, savings and loan association, or any other institutional lender which is licensed
to engage in the business of providing purchase money mortgage financing for residential
real estate; and a "First Deed of Trust" means a deed of trust or mortgag" which is
recorded senior to any other deed of trust or lien against the unit to secure a loan used to
purchase the Unit. The Owner may only refinance a loan secured by a First Deed of Trust
5q long as the total amount of such refinancing does not exceed 95%o of the Maximum
Resale Price in effect at the time of such refinancing and only if the lender is an
Institutional Lender.
9.2 The Governmental Entity or the GCHA is authorized to negotiate, execute and record
such consents or agreements as it may deem necessary which have the effect of
subordinating this Agreement to the terms of a First Deed of Trust in order to facilitate
favorable financing for the benefit of a qualified buyer of the Unit.
9.3 tt sha[ be a breach of this Agreement for an Owner to default in payment or other
obligations due or to be performed under a promissory note secured by any deed of trust
or mortgage encumbering a Unit, including the First Deed of Trust, or to breach any of
Owner's duties or obligations under said deed or deeds of trust. It shall also be a breach
of this Agreement for the Owner to default in the payrnent of real property taxes or
obligations to the Homeowners Association for general or special assessments, if
applicable. The Owner must notif, the Govemmental Entity or the GCHA, in writing, of
any such default and provide a copy of any notification received from a lender, or its
assigns or loan servicer, of past due payments or default in payrnent or other obligations
due or to be performed under a promissory note secured by a deed of trust, as described
herein, or of any breach of any of Owner's duties or obligations under said deed of trust,
within five (5) calendar days of Owner's notification from lender, or its assigns or within
five (5) calendar days of Owner's notification from any other creditor specified herein, or
any default, past due payment or breach.
9.4 Upon notification of a default as provided in subsection 9.3, above, the
Govemrnental Entity or the GCHA may offer loan counseling or distressed loan services
to the Owner, if any of these services are available, and the Governmental Entity or the
GCHA is entitled to require the Owner to sell the Unit in order to avoid the
commencement of foreclosure proceedings. If the Govemmental Entity or the GCILA
reguires sale of the Unit, Owner shall, immediately upon rcquest, execute a standard
Listing Contract with GCHA on forms approved by the Colorado Real Estate
Commission providing for a ninery (90) day listing period. GCHA shall promptly
advertise the properly for sale by competitive bid to Qualified Buyers. In the event of a
listing of the Unit pursuant to this subsection, the Covemmental Entity or the GCHA are
entitled to require the Owner to accept a qualified bid for the Maximum Resale Price or,
if none are received, to accept a qualified bid for an amount less than the Maximum
Resale Price which is sufficient to satisfu the Owner's financial obligations pursuant to
the promissory note or notes secured by the First Deed of liust and any junior deeds of
trust. The Listing contract shall obligate the Owner to pay the standard listing fee and
normal closing costs and expenses that would be the obligation of the Owner in the event
of a sale pursuant to Section 3 of this Agreement.
9.5 Upon receipt of notice as provided in subsection 9.3, above, and with the agreement
of the Owner, the Governmental Entity or t}e GCHA shall have the right, but not the
obligation, to cure the default or any portion thereof. In such event, the Owner shall be
personally liable to the Governmental Entity or the GCHA for any payments made by the
Governmental Entity or the GCHA on the Owner's behalf together with interest thereon
at the rates specified in the obligation then in default, plus l7o, together with all actual
expenses of the Governmental Entity or the GCHA incurred in curing the default,
including reasonable attorney's fees. The Owner shall be required by the Govemmental
Entity or the GCHA to execute a promissory note to be secured by a junior deed of trust
encumbering the Unit in favor of the Governmental Entity or the GCFIA for the amounts
expended by the Govemmental Entity or the GCHA as specified herein, including future
advances made for such purposes. The Governrnental Entity or the GCHA shall not be
limited by the provisions in subsection 9.1, The Owner may pay the promissory note at
any time prior to the sale of the Unit. Otherwise, Owner's indebtedness to the
Governmental Entity or the GCHA shall be satisfied from the Owner's proceeds at the
closing upon sale of the Unit.
9.6 The Governmental Entity or the GCHA shall be a "person who appears to have an
interest in the property......" as described in CRS 38-38-103(IXaXIIXE) and, thus, shall
be entitled to receive the combined notice required by and described in CRS 38-38-
103(1)(a). And, as a "contract vendee" pursuant to CRS 38-38-104(l)(d), the
Govemmental Entity or the CCHA shall be entitled to cure any default which is the basis
for a foreclosure action in accordance with CRS 38-38-104 et seq. Upon filing with the
Public Trustee of Garfreld County of a Notice of Election and Demand for Sale ("NED")
pursuant to CRS 38-38-10l(4) by the holder of the First Deed of Trust, the Govemmental
Entity or the GCI1A shall have the right and oplion, but not the obligation, to purchase
the Unit from tlre Owner for 95Yo of the Maximum Resale Price on the date of the NED,
less the amount of any debt secured by the Unit (including interest, late fees, penalties,
costs and other fees and reimbursement due to lender) to be assumed by the
Governmental Entity or the GCHA. The GCTIA may assign the foregoing option to the
Covemmental Entity. The party electing to exercise the option shall be referred to herein
as the "Purchaser." The Purchaser shall give written notice thereof to the Owner within
thirty (30) days following the filing of the NED. In the event that the option is exercised,
the closing on the purchase ofthe Unit shall occur no less than seventy-five (75) days nor
more than ninety (90) days after the date of the NED. At closing. Owner shall execute
and deliver a Special Warranty Deed conveying the Unit free and clear of all monetary
liens and encumbrances, except those to be assumed by the Purchaser, and shall execute
normal and customary closing documents. The proceeds of the sale shall be applied first
to cure the default by paying offthe indebtedness secured by the Unit which is the subject
of the pending foreclosure action, then to Owner's closing costs, and the balance, if any,
sball be disbursed to Owner. If the Owner cures the default prior to closing resulting in
withdrawal of the NED and cancellation of the foreclosure sale, the option of the
Govemrnental Entity or the GCIIA shall terminate. Such termination shall not, however,
operate to extinguish the option of the Govemrnental Entity or GCHA to purchase the
Unit in the eyent that any subsequent NED is filed.
9 .? The provisions of this Agreement may be subordinate only to the lien of a First Deed
of Trust to secure a loan to purchase the Unit made by an Institutional Lender. This
Agreement shall not impair the rights of such Institutional Lender, or such lender's
assignee or successor in interest, to exercise its remedies under the First Deed of Trust in
the event of default by Owner; these remedies include the right to foreclose or exercise a
l0
I
power of sale or to accept a deed or assignment in lieu of foreclosure. In the event of
ioreclosure by a holder of a First Deed of Trust, and upon the issuance of a Public
Trustee's or SherifPs Deed, these Covenants shall automatically terminate. This
Agreement shall be senior to any other lien or encumbrance recorded in the Oftice of the
Clerk of Recorded of Garfield County, Colorado, after thc date on which this Agreement
is recorded in said Office. Any purchaser acquiring any rights in a Unit by virtue of
foreclosure of a lien other than a First Deed of Trust, as defined herein, shall be deemed a
Non-Qualified Transferee subject to the provisions of subsection 4.1 of this Agreement.
In the event of a foreclosure of a tien other than a First Deed of Trust, as defined herein,
nothing herein shall be construed to create a release or waiver of the covenants,
conditions, limitations and restrictions contained in this Agreement.
SECTION IO
GENERAL PROVISIONS
l0.l Notices. Any notice, consent or approval which is required to be given hereunder
shall be given by mailing the same, certified mail, retum receipt requested, properly
addressed and with postage fully prepaid, to any address provided herein or to any
subsequent mailing address of the parry as long as prior written notice of the change of
address has been given to the other parties to this Agreement. Said notices, consents and
approvals shall be sent to the parties hereto at the following addresses unless otherwise
notified in writing:
To Declarant:
To GCHA:
430lronbridge Drive
Glenwood Springs, CO 81601
Garfield County Housing Authority
2128 Railroad Avenue
Rifle, CO 81650
To Governmental Entity: Garfield County Commissioners
109 8th Street, Suite 213
To Owner:
Clenwood Springs, CO 81601
[To be set forth in a subsequent recorded
Memorandum of Acceptance for each
individualUnitl
10.2 Severability. Whenever possible, each provision of this Agreement and any other
related document shall be interpreted in such a manner as to be valid under applicable
law, but if any provisions of any of the foregoing shall be invalid or prohibitcd under said
applicable law, such provisions shall be ineffective to the extent of such invalidity or
prohibition without invalidating the remaining provisions of this Agreernent or other
ll
related document.
10.3 Choice of Law. This Agreemenl and each and every related document are to be
governed and construed in accordance with the laws of the State of Colorado.
10.4 Successors. Except as otheruvise provided herein, the provisions and covenants
contained herein shall inure to and be binding upon the heirs, successors and assigns of
the parties.
10.5 Section Headings. Paragraph or section headings within this Agreement are inserted
solely for convenience of reference, and are not intended to, and shall not govem, limit or
aid in the construction of any terms or provisions contained herein.
10.5 Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions,
uses, limitations, obligations or options set forth in this Agreement shall be unlawful or
void for violation of: (a) the rule against perpetuities or some analogous statutory
provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or
common law nrles imposing like or similar time limits, then such provision shall continuc
only for the period of the lives of the current duly elected and seated goveming board of
the Governmental Entity, their now living descendants, if any, and the survivor of them,
plus twenty-one (21) years.
10.7 Waiver. No claim of waiver, consent or acquiescence with respect to any provision
of this Agreement shall be valid against any party hereto except on the basis of a written
instrument executed by the parties to this Agreement, However, the parfy for whose
benefit a condition is inserted herein shall have the unilateral right to waive such
condition.
I0.8 Gender and Number. Whenever the context so requires herein, the neuter gender
shall include any or all genders and vice versa and the use of the singular shall include
the plural and vice versa.
10.9 Personal Liability. Owner agrees that he or she shall be personally liable for any of
the transactions contemplated herein.
10.10 Further Action. The parties to this Agreement, including any owner, agree to
execute such further documents and take such further actions as rnay be reasonably
required to carry out the provisions and intent of this Agreement or any agreement or
document relating hereto or entered into in connection herewith.
l0.ll Modifications. The parties to this Agreement agree that any modifications of this
Agreement shall be effective only when made by writings signed by the parties, approved
by the Governmental Entity, and recorded with the Clerk and Recorder of barfield
County, Colorado. Notwithstanding the foregoing, the Govemmental Entity or the CCFIA
re-serves the right to amend this Agreement unilaterally when deemed necessary to
effectuate the purpose and intent of this Agreement, when such unilateral action does not
I
l2
materially impair an Owner or lender's rights under this Agreement, and when such
amendment has been approved by the Governmental Entity.
10.12 Delegation. The Governmental Entity and the GCHA may delegate their authority
hereunder to another organization qualified to manage and enforce the rights and
obligations of either the Governmental Entity or the GCHA pursuant to this Agrecment.
In the absence of mutual agreement between the Governmental Entity or the GCHA over
rights and obligations in this Agreement, either entity may assign their rights and
obligations to the other respectively.
r3
EXIIIBIT A
MEMORANDUM OX'ACCEPTAI{CE OF DECLARATION OF DEEI)
RESTRICTION A}ID AGREEMENT CONCERNING THE SALE, OCCUPANCY
AIYD RESALE OF' PROPERTY
RECITALS:
, (hereinafter referred to as
"Owner"), has simultaneous with execution of the Memorandum purchased a residential
dwelling unit with the address ., also know as Lot Number
-,according to the Final Plat _ of Ironbridge Planned Unit Development, Phase l, as
recorded as Reception Number 702420 in the Office of the Clerk and Recorder of
Garfi eld County, Colorado.
As a condition of the sale transaction, the Buyer acknowledges and agrees to the
terms, conditions and restrictions found in that certain instrument entitled Declaration of
Deed Restriction and Agreement Conceming the Sale, Occupancy and Rcsale of
Property, recorded on as Reception Number
the Office of the Clerk and Recorder of County, Colorado (hereinafter
the "Declaration and Agreement").
NOW, THEREFORE, as required by the Declaration and Agreement and in
consideration of the covenants and agreements contained therein and contained herein,
the Owner agrees and acknowledges as follows:
l. Owner hereby acknowledges the existence of and accepts the Declaration and
Agreement, in its entirety, including all exhibits, as the same is defined herein,
with the following changes and/or additions:
That the closing of Buyer's acquisition of the Properer occurred on
The purchase price that Buyer is paying for the Property is $.
In particular, Owner acknowledges and agrees that the
the Garfield County Housing Auttrority shall be entitled to exercise thc rights
and options set forth in section 9 of the Declaration and Agreement in the
event ofa default as described therein.
2. The address of Owner for the purpose of Section I0.l of the Declaration and
Agreement is as follows:
and
16
ln
3. This Memorandum shall be recorded in the Office of the Clerk and Recorder
of Garfield County, Colorado.
IN WITNESS WffiREOF, the undersigned Owner(s) has/have executed this
Memorandum of Aoceptance on the date set forth opposite his/her signature.
Owner Date
Owner
STATEOFCOLORADO )
) ss.
COUNTY OF GARFIELD )
The above and foregoing document
of ,200_ by
Witness my hand and official seal.
My commission expires:
My address is:
Date
was acknowledged before me this
and
Notary Public
day
t?
EXHIBIT B
PERMITTED CAPITAL IMPROVEMENTS
t. The "Permitted Capital Improvements" as used in the Agreement shall only include the
following:
a. Improvements or fixtures erected, installed or attached as permanent,
functional, non-decorative improvements to real property, excluding repair,
replacernents and/or maintenance improvements;
b. lmprovernents for energy and water conservation;
c. Improvements for the benefit of seniors and/or handicapped persons;
d. Improvements for health and safety protection devices;
e. Improvements to add and/or finish perrnanent/fixed storage space;
f. Improvements to finish unfinished space;
Garages;
The cost ofadding decks and any extension thereto;
Landscaping;
Repairs or replacements related to structural, major mechanical or roofing
deficiencies after any applicable warranty period is expired,
2. Permanent Capital Improvements as used in this Agrcement shall NOT include the
following:
a. Upgrades/replacernents of appliances, plumbing and mechanical fixtures,
carpets and othcr similar items included as part of the original construotion of
the unit;
b. Improvements required to repair, replace and maintain existing f,rxlures,
appliances, plumbing and mechanical fixhrres, painting, carpeting and other
similar items;
c. Upgrades or addition of decorative items, including lighs, window coverings,
floor coverings and other similar items.
d. Jacuzzis, spas, saunas, steam showers and other sirnilar items.
3. All Permiued Capital Improvement items and costs shall be approved by the GCHA
prior to being added to the Maxirnurn Resale Price as defined herein.
oE'
h.
i.j
l8
From:
Sent:
To:
Cc:
Subject:
Hi, Kathy.
KT Gazunis < kate@garfieldhousing.com >
Friday, September 11,2015 9:45 AM
Kathy A. Eastley
Kristel Langford
RE: lronbridge AHA
There is more detail below, but these are the highlights:
1,. The 5155 is an estimate based on one category of AH units. lt is for marketing purposes and should not
be set in stone.
2. Buyers for each unit are "qualified" (meet allthe requirements, including residency, work, income,
etc.) for each category of housing. Because there are different income categories, everyone pays
different amounts.
3. No one pays more than 33% of their gross income to live (at first purchase) at lronbridge.
4. The PRORATED share of dues that the AH owners pay does not exceed 75% ofthe market dues.
Please do not use numbers. The county's AH Guidelines are designed to use percentages and therefore
guarantee affordability to a variety of income categories.
I can meet with you either earlv Monday morning or later that afternoon.
Kotherine T. Gazunis
Executive Director
Garfield County Housing Authority
1430 Railroad Avenue, Unit F
Rifle, CO 81650
Ph:970-625-3589
Fax: 970-625-0859
"Everyone hos gifts, everyone wonts to live o life of dignity ond purpose ond meoning, ond everyone con do thot."
From : Kathy A. Eastley [ma ilto : keastley@gafield-cou nty.com]
Sent: Friday, September 11, 2015 B:04 AM
To: KT Gazunis
Subject: RE: Ironbridge AHA
Good morning,
My understanding is that the IPOA (lronbridge Property Owners Association) is the same as what we would consider
HOA dues. The issue is the "club" dues. You had mentioned that a one-time 5500.00 fee would allow the affordable
unit homeowner to join the club. I assumed that that meant that no monthly 'dues' were required for membership to
the club. There is a one-time SSOO fee that is required. The individually calculated monthlv fee (at time of sale) is
prorated by lronbridge between the HOA fees and the Club. This prorated amount covers the monthly HOA dues and
gives the AH owner all of the club amenities except the golf course.
Section 8-302 B.(5) of the Land Use Code specifies the 75% of market HOA dues for the affordable units.
Your land use code is then in conflict with the BOCC adopted affordable housing guidelines which state that the HOA
dues cannot exceed 75%.
I will need to do some research to see if this provision was in our code when lronbridge was approved. They may have
had some other provision in effect at the time that applied - or maybe that was just what had been proposed by the
prior developers at the time.
When the Board discussed this on Tuesday they wanted the club dues separated from the HOA dues so that if an
affordable unit owner couldn't afford the 5246 a month that they could opt out of the club dues - which the Board then
assumed would be the S1SS.OO month. The S155 a month applies to an affordable house currently on the market. This
estimoted calculation is based on it being a Category lll unit for a family making 120% AMI (589,960 in 2015)with 95%
LTV (buyer bring5% down) with a 30 year conventional mortgage at 4.5%. All of these factors are calculated on a
individual basis once the actual numbers are available. (ln 2016 there will be new AMI numbers.) Opting out of the club
would mean that the owner would not be able to utilize the fitness center or other facilities associated with the
club. Opting out is not an option. That is why I think it so important to make sure that we are consistent with the pricing,
and that what is included in these dues is the same as Phases 1 and 2. The percentages will be consistent - not the hard
numbers.
We think that the proposed dues for a single family home is a lot - however we are unaware of what this money is paid
for. lt certainly is different than a condo or townhome where these dues inlcude outside maintenance of the structure,
landscaping, etc. as well as trash and maintenance of roads. The fear is that the cost of the HOA dues added to the cost
of a mortgage will be greater than what we originally considered affordable. The calculation in 8-302 F.(7) appears to
include the dues in the sales price calculation - can you look at that and see if it effects anything? This is an example
where do 2 calculations:
t. The first is based on the assumptions described above to get an estimote or bollpork figure for the purpose of
marketing this Category lll unit.
2. Once a qualified buyers is identified they work with their mortgage lender to structure the best loan for
themselves (i.e., maybe they have the resources to make a 20% down payment.) Their monthly loan payment,
consistent with federally approved mortgage banking laws, should be <30% of their gross income. Up to another
3% of their monthly payment is for their lronbridge dues so that each AH owner pays up to 33o/o of their income,
(not to exceed 75% of what the market rate of dues.) We work with Marianne McGarry to calculated each one
on an individual basis once we have the actual numbers
this provision mean that the price of the unit would be less because the dues are hight? Possibly, but unlikely because
only "qualified" buyers are in the lottery to purchase these units to begin with.
Thank you for your ongoing assistance in this issue. The application was continued until September 2L,2015, however
mystaffreportisdueonMonday. lfweneedtoleaveitopen-endeduntilthetimeoftheBoardmeetingwecan
certainly do that - I would like to make sure that what is proposed is proper according to their prior approvals and our
land use regulations.
With AH units we would work with the developer to "back into" the sales price so that they are affordable to
all three categories of buyers.
Kothy Eostley, ATCP
Senior Plonner
Garf ield County Community Development
108 8th Street, #4Ol
Glenwood Springs, CO 8L6Ot
Phone: 970-945-1377 ext. L58O
Fox: 970-384-3470
kaost ley@gorf i eld-county.com
From: KT Gazunis Imailto:kate @garfield housing.com]
Sent: Thursday, September LO,2OL5 3:17 PM
To: Kathy A. Eastley <keastlev@garfield-countv.com>
Subject: RE: lronbridge AHA
Kathy,
My affordable housing program manager is still out and quite i11. I am not familiar with the details, but we are
all searching desperately for understanding in her absence.
I do not understand the difference between HOA dues and IPOA dues.
4. PROPOSED HOA DUES (8-201.A.5). HOA fees will be consistent with LUDC
$ 8-302(5) which limits the maximum amount to75Vo of free market. Current IPOA fees are
$125.00 and including konbridge Club dues are $329.00 per month resulting in a maximum
IPOA fees of $93.75 and a combined IPOA and Ironbridge Club dues of $246.75 per month.
Can you clarify this for me?
KT
From : Kathy A. Eastley [ma ilto : keastley@ga field -cou nty. com]
Sent: Wednesday, September 09,2OLS 4:10 PM
To: GafieldCountyHousingAuthority; KT Gazunis
Subject: Ironbridge AHA
Attached is the revised Affordable Housing Agreement from lronbridge, please let me know if you have any
comments. Hopefully l'll hear back from you tomorrow on the issue of the HOA and club dues. Thank you.
Kothy Eostley, AICP
Senior Plonner
Gorfield County Community Development
108 8th Street,lt4Ol
6lenwood Springs, CO 8160l
Phone: 970-945-1377 ext. t58O
Fox: 970-384-347O
keost ley@gorf i eld-county.com
Kathy A. Eastley
From:
Sent:
To:
Cc:
Subject:
KT Gazunis <kate@garfieldhousing.com>
Thursday, September 10,2015 4:23 PM
Kathy A. Eastley
Kristel Langford
RE: lronbridge AHA
Sorry, I forgot to include the second part:
1. HOA dues for affordable housing units shall be prorated as compared to HOA dues
owed by market rate unit owners. HOA dues for affordable housing units shall be
prorated by either average lot size or average unit size ln comparison to market rate lots
and/or units, whichever results ln the lower cost for the affordable units, or by a formula
proposed by the applicant and approved bythe GCHA and the Board of County
Commissioners. lf a prorated HOA ls not possible, then the HOA dues for affordable
housing units shall be a maximum of 75 percent of the HOA dues owed by market rate
unitowners. The applicant will includethese calculations intheAffordable Housing Plan.
We would use the 75Yo calculation only in a situation where we weren't able to calculate a
prorated amout.
KT
From: KT Gazunis
Sent: Thursday, September 10, 2015 4:19 PM
To: 'Kathy A. Eastley'
Cc: Kristel Langford
Subject: RE: Ironbridge AHA
ln Kristel's absence, this is what I have been able to find out about the HOA/club dues.
First we start with the GARCO housing guidelines:
A. lnitialSales Price of Affordable Housing Units.
The lnitial sales price for each affordable housing unit shall be calculated by
the GCHA and the Board of County Commissioners based on the following
assumptions:
1. Principle, interest, mortgage lnsurance, taxes, homeowners
insurance and homeowner association dues not to exceed 33% of gross
monthly household Income based on family size determined by chart below.
80% of that amount ls estimated for principle and interest and 20% isestimated
for mortgage lnsurance, taxes, homeowners insurance and homeowner
association dues. lf actual costs are available, they may be used ln place of
this 80-20 ratio:
Kathy, what this basically means is that depending upon the Category (L,2,or 3) the buyer may end up paying a
different fee from their neighbors -the fees are individualized.
Whenever a house is ready to be sold, our office calculates the maximum sales price. Our sales agent (we have
yet to need a licensed realtor in our office because we work so closely with realtors in the county)works with
Marianne McGarry at lronbridge and we back into the HOA dues, based on a number not to exceed 33o/ool
gross monthly income.
The affordable housing memberships exclude golf. The amount each affordable housing unit owner pays
includes HOA dues and a "social membership" at the recreation clubhouse with access to fitness, pool and
tennis courts.
Prior to the sale of the unit, we use the 80/20 ratio to estimate the costs. Once a buyer is identified through
the lottery process, the actual costs are calculated with Marianne's help.
This is a complex approach, but it insures that the Commissioner's goal of keeping the units truly affordable is
met.
KT
Katherine T Gazunis, Executive Director
Garfield County Housing Authority
1430 Railroad Ave.
Rifle, CO 81650
97052s-3s89
From : Kathy A. Eastley [ma i lto : keastley@ ga rf ield-cou nty.com]
Sent: Wednesday, September 09, 2015 4:10 PM
To: GafieldCountyHousingAuthority; KT Gazunis
Subject: Ironbridge AHA
Attached is the revised Affordable Housing Agreement from lronbridge, please let me know if you have any
comments. Hopefully l'll hear back from you tomorrow on the issue of the HOA and club dues. Thank you.
Kothy Eostley, ATCP
Senior Plonner
Garf ield County Community Development
108 8th Street, #4Ol
Glenwood Springs, CO 8L6Ot
Phone: 970-945-1377 ext. t58O
Fox: 970-384-3470
keost ley@garf i eld-countv.com
From:
Sent:
To:
Subject:
Steve Anthony
Friday, September 11,2015 9:33 AM
Kathy A. Eastley
FW: lronbridge Revegetation Deposit Agreement
Kathy,
No need to call me, I double checked some things and found the answer to the question I had, however you will need to
update the name of the County Treasurer from Georgia to Karla in 2 spots
Pg 1- 1st paragraph
Pg 4- 2nd line
Thanks
Steve
From: Steve Anthony
Sent: Friday, September 11, 2015 9:23 AM
To: Kathy A. Eastley
Subject: RE: Ironbridge Revegetation Deposit Agreement
Morning Kathy
Call me when you get a chance at 4305 so we can talk about this one. l'll be here till noon or so.
Steve
From: Kathy A. Eastley
Sent: Wednesday, September 9,20L5 4:04 PM
To: Steve Anthony
Subject: Ironbridge Revegetation Deposit Agreement
Steve,
lronbridge has submitted their documentation related to the revegetation. l've attached it for your review. Please let
me know if you have any comments. Thank you.
Kothy Eostley, ATCP
Senior Plonner
Garfield County Community Development
108 8th Street,lt4OL
Glenwood Springs, CO 8t60t
Phone: 970-945-1377 ext. L58O
Fox: 970-384-3470
keost ley@garf ield-countv.com
l
Community Development
108 8th Street, Suite 40 I , Gle nwood Springs, CO I I 601
September 11,2015
Karl Hanlon
Karp Neu Hanlon, P.C.
P.O. Drawer 2030
Glenwood Springs, CO 81602
kih @ mountainlaw.com
Reference: !ronbridge Phase lll Final Plat - Gadield County File Number SFPA8234
Dear Karl,
Garfield County is in receipt of the revised draft documents submitted on Wednesday
September 9, 2015. Community Development, County Attorney's Office, Vegetation
Management and Garfield County Housing Authority review has occurred. We provide
the following required revisions to the documents:
Treasurer's Deposit Aqreement for Reveqetation (TDA)
1. The County attempts to provide Applicant's with drafts of commonly used general
forms, forms which clearly need to be tailored to each individual project. The form
is typically utilized for grading permit and therefore mentions 'grading permit'
throughout the document. The current project is not a grading permit but a final
plat therefore every occurrence of 'grading permit' needs to be replaced with 'Final
Plat of lronbridge Phase lll, Filing 1'. This will occur twice on page 1 and once on
page 3.
2. The first paragraph under Recitals includes a blank line for inseftion of a grading
permit number. Please amend this so that the blank line will require inseftion of
the final plat Reception Number - "...pursuant to the final plat recorded at
Reception Number in the records of Garfield County."
3. The Garfield County Treasurer is Karla Bagley, not Georgia Chamberlain. Please
correct this on page one in the heading, and on page 4.
4. Subsection 11. on page 3. Lists the parties to receive notice - please revise the
section 'lf to County:' to be sent to
Garfield County
Offi ce: 9'7 0-945-8212 Fax 97 O-384-347 O
\
\-'
BOCC
c/o Community Development
Attention: Director
108 8th Street, Fourth Floor
Glenwood Springs, CO 81601
Please add a phone number in the section "lf to Owned'.
A signature line is required for the County Treasurer
Please insert the following:
Deposit Holder:
Gadield County Treasurer
to sign this agreement.
By:
Karla Bagley
Date:
The signatures of the Depositer/Owner are required to be notarized. Please add
two notary seals referencing each signatory.
Exhibit 1 attached to this document is incorrect per the reference to Exhibit 1 on
page 2 of the document. This 'Request for Dispursement (sic) of Treasurer's
Account' is not required. lnstead, please see the document attached to this letter
- be aware that this is copied out of Community Development workbooks and
should not include the reference to section number as heading. Please replace
reference to grading permits in this document with relevant information pertaining
to the final plat.
Affordable Housinq Aqreement (AHA)
1. Written notices should be amended with removal of the County Attorney's Office
which should be replace with:
BOCC
c/o Community Development
Attention: Director
108 8th Street, Foufth Floor
Glenwood Springs, CO 81601
The Housing Authority should be added for notice.
2. Section 16, Attorney's Fees, on page 3 shall be removed in its entirety.
5.
6.
7.
8.
Exhibit 1 should be entitled "lronbridge Subdivision Phase lll Affordable Housing".
Remove reference to LUDC Section 8-201.
a. Remove reference to sections of the LUDC in each of the items.
b. Section 4, Proposed HOA Dues split out the dollar amount of the dues by IPOA
dues versus club dues. However, based upon comments from the GCHA, the
owners' of affordable units may not opt out of joining the club and thus wi!!
remain responsible for the total dues amount, based upon calculations related
to 33% of their income. lt may be that individual owners of affordable units pay
varying amount of dues, of which the maximum that may be applied is75o/" of
the market rate dues.
The Declaration of Deed Restriction and Agreement appears to be included as an
exhibit to the Affordable Housing Agreement. Was this your intent? This
document does in fact appear to stand separately, as was the case in the past.
a. This document appears to be a copy of the recorded version for a prior phase
as it reference Lots 297 through 316 in the hearing and references Pahte (sic)
il.
Staff requires a documented not whited out and referencing a prior phase of
the development. Please amend this document including only that information
relevant to Phase lll, Filing 1.
Pages 14 and 15 appear to be missing f rom this document.
lmprovements Aqreement (lA)
1. Remove the above two documents, the Treasurer's Deposit Agreement for
Revegetation and the Affordable Housing Agreement as these two documents will
be executed separately from the !A, are not included in the cost estimates for the
public improvements and have different collateral issues from the lA. Removal of
these documents will require revisions to:
a. Page 15, Exhibit List;
b. Removal of Exhibit F;
c. Removal of Exhibit G;
d. Removal of Exhibit H;
e. Renumbering of Exhibits I - K.
Please make the following corrections and provide Final Documents (executed) for Board
siqnature and submit to Community Development bv 4 p.m. on Monday September 14.
2015. Recording fees for the above documents and the plat mylar will be calculated by
the Clerk & Recorder at which time payment for those fees will be due.
Bv noon on Monday September 21,2015 the Applicant shall provide the following
information to Community Development:
3.
4.
b.
1.lnformation sufficient to determine that the collateral has been received and
accepted into the escrow account by the Title Company;
A Check for $30,000.00 for the TDA;
A Check for $36,785.70 for the fee in-lieu of school land dedication;
A letter or other correspondence from the Carbondale and Rural Fire Protection
District ceftifying that the District impact fee had been paid for Ironbridge Phase
lll, Filing 1.
2.
3.
4.
Feelfree to contact me with any questions on this review.
Sincerely,
Kathy Eastley, AICP
CC: File
Tamra Allen
Kelly Cave
Attachment
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
Recitals
[a Colorado _1
[an individual], entered into a 20 Garfield County Treasurer's Deposit Agreement with the Board
of County Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of Garfield County,
Colorado ("Treasurer") dated
of the Real Estate Records of
Agreement").
2.has presented certification to the BOCC from a licensed
engineer that construction of lmprovements is final and/or written approval from the Garfield County
awtb(-r
rtrEediib*acxnrouuit o'denn e rurodiurx6hqu,--+ L!!
Vegetation Manager that revegetation is successful related to Grading Permit number?,*zW
Acknowledgment O
NOW THEREFORE, at the request of and in consideration of the
premises and the prior agreements contained in the Deposit Agreement the BOCC hereby:
acknowledges full satisfaction of the security requirements of the Grading Permit;
authorizes disbursement of funds from the Treasure/s Account in the amount
resulting in a remaining balance of
3. authorizes and directs the Treasurer to release the funds held in the
Treasurer's Account to an authorized representative of
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Clerk to the Board
By:
Date:
John Martin, Chairman
1.
, and recorded on _ as Reception Number
the Garfield County Clerk and Recorder ( "Deposit
1.
2.
ofs
S
IRONBRIDGE SUBDIVISION
IMPROVEMENTS AGREEMENT
THIS IRONBRIDGE SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") iS
madeandenteredintothis-dayof-.20l5,byandbetweenBLUE
HERON PROPERTIES, LLC ("Owner") and the BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield ("County"), State of
Colorado, as a body politic and corporate, directly or through its authorized representatives and
agents ("BOCC").
Recitals
l. Owner is the owner and developer of the Ironbridge Subdivision (the
"Subdivision"), which property is depicted on the Final Plat of Ironbridge Subdivision, Phase lll,
Filing I ("Final Plat"). The real proper-ty subject to this SIA is described in that Final Plat,
recorded at Reception Number in the Clerk and Recorder's records of
Garfield County, Colorado and incorporated by this reference.
2. On December 10, 2007, the BOCC, by Resolution No. 2008-42, recorded at
Reception Number 746338 of the real estate records of Garfield County, Colorado and
incorporated by this reference, approved a preliminary plan for the Subdivision which, among
other things, would create sixty-one (61) single-family, and open space/common area parcels
("Preliminary Plan Approval").
3. As a condition precedent to the approval of the Final Plat submitted to the BOCC
as required by the laws of the State of Colorado and by the Garfield County Land Use and
Development Code of 2013, as amended ("LUDC"). Owner wishes to enter into this SIA with
the BOCC.
4. Owner has agreed to execute and deliver security in a form satisfactory 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 within the subdivision as more fully set for.th below.
5. Owner represents that at the time of recording this SIA, all taxes and assessments
upon all parcels of real estate described in the Final Plat are paid in full.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and promises contained herein, the BOCC and Owner ("Pafties") agree as follows:
Agreement
l. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final
Plat on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary
Plan Approval, and the requirements of the LUDC and any other governmental or quasi-
governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of
the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance
with this SIA and at the time prescribed herein.
2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Except as otherwise provided
in this SIA with regard to the Affordable Housing Units (as hereinafter defined), Owner
shall cause to be constructed and installed the subdivision improvements, identified in the
Exhibits defined in subparagraph2.a.i, below ("Subdivision Improvements") at Owner's
expense, including payment of fees required by the County and/or other governmental
and quasi-governmental entities with regulatory jurisdiction over the Subdivision. The
Subdivision Improvements shall be completed on or before the end of the first full year
following execution of this SIA ("Completion Date"), in substantial compliance with the
following:
i. Plans marked "Approved for Construction" for all Subdivision
Improvements prepared by High Country Engineering and submitted to the
BOCC on ,2015, such plans being summarized in the list of
drawings attached to and made a part of this SIA by reference as Exhibit A; and
the estimate of cost of completion, certified by and bearing the stamp of Owner's
professional engineer licensed in the State of Colorado ("Owner's Engineer"),
attached to and made a part of this SIA by reference as Exhibit B, which estimate
shall include an additional ten (10) percent of the total for contingencies
(collectively the "Cost Estimate");
ii. All requirernents of the Preliminary Plan Approval;
iii. All laws, regulations, orders, resolutions and requirements of the
County and all special districts and any other govemmental entity or quasi-
govemmental authority with jurisdiction; and
iv. The provisions of this SIA and all other documentation required to
be submitted along with the Final Plat under pertinent sections of the LUDC
("Final Plat Documents").
Notwithstanding anything to the contrary contained in this SIA, the timing requirements and
criteria for substantial completion of the Affordable Housing Units shall be as set forth in
paragraph 4 below.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees
that (l) if all Subdivision Improvements are constructed and installed in accordance with
this paragraph 2; (2) the record drawings have been submitted upon completion of the
Subdivision Improvements, as detailed in paragraph 3(h), below; and (3) all other
requirements of this SIA have been met, then the Owner shall be deemed to have satisfied
all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and
the LUDC, with respect to the installation of Subdivision Improvements.
3. SECURITY FOR
REVEGETATTON).
SUBDIVISION IMPROVEMENTS (EXCEPT
a. Subdivision Improvements Securit), and Substitute Collateral. As security
for Owner's obligation to complete the Subdivision Improvements Owner shall deliver to
the BOCC; on or before the date of recording of the Final Plat, a form of security deemed
adequate by the BOCC and payable to the County, attached to and incorporated in this
SIA by reference as Exhibit C ("Security"). The Security shall be in the amount equal to
the Cost Estimate. The Security shall be valid for a minimum of six (6) months beyond
the Completion Date (the "Expiration Date").
b. Security Requirements and Plat Recording. The Final Plat shall not be
recorded until the Security has been received by the County and approved by the BOCC.
c. Extension of Expiration Date. If the Completion Date is extended by a
written amendment to this SIA, the time period for the validity of the Security shall be
similarly extended by the Owner. For each individual extension that is in excess of six
(6) months, at the sole option of the BOCC, the cost of completion of the remaining
Subdivision Improvements shall be subject to re-certification by Owner's engineer and
review by the BOCC. To the extent the cost of completion of the Subdivision
Improvements, 'plus an additional ten percent (10%) of such cost for contingencies,
differs from the face amount of the remaining Security, the amount of such Security shall
be adjusted upwards or downwards, as appropriate.
d. Unenforceable Security. Should the Security expire or become void or
unenforceable for any reason prior to the BOCC's approval of Owner's engineer's
certification of completion of the Subdivision Improvements or, with regard to the
Affordable Housing Units, prior to the issuance of a certificate of occupancy for the last
Affordable Housing Unit required per this SIA, including bankruptcy of the Owner or the
financial institution issuing or confirming the Security, this SIA shall be voidable by
action of the BOCC and, upon such action, this SIA shall be of no further force and effect
and the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the
Security, and shall do so by means of submission to the BOCC of a "Written Request for
Partial Release of Security," in the form attached to and incorporated bythis reference as
Exhibit D, accompanied by the Owner's engineer's stamped cerlificate of partial
completion of improvements. The Owner's engineer's seal shall certify that the
Subdivision Improvements have been constructed in accordance with the requirements of
this SIA, including all Final Plat Documents and the applicable provisions of the
Preliminary PIan. The BOCC shall authorize successive releases of portions of the face
amount of the Security as potlions of the Subdivision Improvements are ceftified as
complete in the manner set forth in this subparagraph 3.e and to the satisfaction of the
BOCC. Notwithstanding anything to the contrary contained in this SIA, including,
without limitation, the BOCC's rights of investigation established by this paragraph 3.
f. BOCC's Investisation. Notwithstanding the fbregoing, upon submission
of the Owner's Wriuen Request for Partial Release of Security, along with Owner's
engineer's certificate of parlial completion of improvements, the BOCC may review the
certification and the Preliminary Plan, and may inspect and review the Subdivision
hnprovements certified as complete to determine whether or not they have been
constructed in compliance with relevant specifications, as follows:
i. If no letter of potential deficiency or determination that applicable
requirements of the Preliminary Plan have not been satisfied is furnished to
Owner and the Escrow Holder by the BOCC within fifteen (15) calendar days of
submission of Owner's Written Request for Partial (or Full) Release of Security,
accompanied by Owner's engineer's certificate of parlial completion of
improvements, all Subdivision Improvements cerlified as complete shall be
deemed approved by the BOCC, and within three (3) business days of such
improvements being deemed complete, the security shall be released to the Owner
in the amount provided in the Written Request for Partial (or Full) Release of
Security.
ii. If the BOCC chooses to inspect and detennines that all or a portion
of the Subdivision Improvements certified as complete are not in compliance with
the relevant specifications or that applicable requirements of the Preliminary Plan
have not been met, the BOCC shall furnish a letter of potential deficiency to the
Owner, within fifteen (15) calendar days of submission of Owner's Written
Request for Partial Release of Security.
iii. If a letter of potential deficiency is issued identifying a portion of
the cerlified Subdivision Improvements as potentially deficient and there are no
outstanding requirements of the Preliminary Plan that are applicable to the subject
improvements, then all Subdivision Improvements not identified as potentially
deficient shall be deemed approved by the BOCC, and the BOCC shall authorize
in writing release of the amount of Security related to the Subdivision
Improvements certified as complete and not identified as potentially deficient.
iv. With respect to Subdivision Improvements identified as potentially
deficient in a letter of potential deficiency or as not meeting all applicable
requirements of the Preliminary Plan, the BOCC shall have fifteen (15) calendar
days from the date of the letter to complete the initial investigation, begun under
subparagraph 3.f.ii. above, and provide written confirmation of the deficiency(ies)
to the Owner.
v. If the BOCC finds that the Subdivision Improvements are
complete and in compliance with the relevant specifications and that all
applicable requirements of the Preliminary Plan have been met, the BOCC shall
notify the Owner and the Escrow Holder in writing and the security shall be
released to the Owner in the amount provided in the Written Request for Partial
(or Full) Release of Security. within three (3) business days after completion of
such investigation.
g. BOCC Completion of Improvements and Other Remedies. If the BOCC
finds, within the fifteen (15) day period of time defined in subparagraph 3.f.iv. above,
thatthe Subdivision Improvements are not complete, or if the BOCC determines that the
Owner will not or cannot construct any or all of the Subdivision Improvements (whether
or not Owner has submitted a written request for release of Security), or that applicable
requirements of the Preliminary Plan will not or cannot be met, the BOCC may withdraw
and employ from the Security such funds as may be necessary to construct the
Subdivision Improvements in accordance with the specifications or to satisfy the
Preliminary Plan requirements applicable to the Subdivision, up to the remaining face
amount of the Security. In such event, the BOCC shall make awritten finding regarding
Owner's failure to comply with this SIA or applicable requirements of the Preliminary
Plan prior to requesting payment from the Security, in accordance with the provisions of
Section l3-106 of the LUDC. In lieu of or in addition to drawing on the Security, the
BOCC rnay bring an action for injunctive relief or damages for the Owner's failure to
adhere to the provisions of this SIA regarding the Subdivision Improvements and
satisfaction of requirements of the Preliminary Plan applicable to this Subdivision.
h. Final Release of Security. Upon completion of all Subdivision
Improvements and requirements of the Preliminary Plan applicable to the Subdivision,
O\4'ner shall submit to the BOCC, through the Community Development Department: l)
record drawings bearing the stamp of Owner's engineer certifying that all Subdivision
Improvements, including off-site improvements within the jurisdiction of the County,
have been constructed in accordance with the requirements of this SIA, including all
Final Plat Documents and applicable requirements of the Preliminary Plan, in hard copy
and digital format acceptable to the BOCC; 2) copies of instruments conveying real
propefty and other interests which Owner is obligated to convey to the propefty owners
association of the Subdivision (the "POA") or any statutory special district or other
entity; and 3) a Written Request for Final Release of Security, in the form attached to and
incorporated herein as Exhibit E, along with Owner's engineer's stamp and certificate of
final completion of the Subdivision Improvements. Upon receipt of the foregoing, the
BOCC shall take the following action:
i. The BOCC shall authorize a final release of the Security after the
Subdivision Improvements are certified as final to the BOCC by the Owner's
engineer and said final certification is approved by the BOCC. If the BOCC finds
that the Subdivision Improvements are complete, in accordance with the relevant
specifications, and that all requirements of the Prelirninary Plan applicable to the
Subdivision have been satisfied, the BOCC shall release the final amount of the
Security within ten (10) business days following submission of the Owner's
Written Request for Final Release of Security accompanied by the other
documents required by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's Written Request for
Final Release of Security, accompanied by Owner's engineer's certificate of final
completion of improvements, the BOCC may inspect and review the Subdivision
Improvements certified as complete. If the BOCC does so review and inspect, the
process contained in paragraph 3.f. above, shall be followed. If, following such
inspection, the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, and that all requirements of the
Preliminary Plan applicable to the Subdivision have been satisfied, the BOCC
shall release the final amount of the Security within ten (10) days after completion
of such investigation.
iii. If, following the inspection contained in paragraph 3.f, the BOCC
finds that the Subdivision Improvements are not complete, in accordance with the
relevant specifications, andlor that requirements of the Preliminary Plan
applicable to the Subdivision have not been satisfied, the BOCC may complete
the remaining Subdivision Improvements and satisfy the applicable requirements
of the Preliminary Plan, or institute court action in accordance with the process
outlined in paragraph 3.g. above; provided, however, that such action may only be
taken by the BOCC if the BOCC determines in its reasonable discretion that the
subject Subdivision Improvements will not or cannot be satisfactorily completed
on or before the Completion Date and, provided further, that the BOCC shall
provide Owner a reasonable opportunity to cure (as provided in paragraph 12
below) any identified deficiency(ies) or violations prior to initiating any of the
self-help remedies described herein, including, without limitation, commencing
work on the Subdivision Improvements, requesting payment from the Security,
initiating the forfeiture proceedings set forth in Section l3-106 of the LUDC, or
filing a civil action.
4. SECURITY FOR REVEGETATION.
a. Revesetation Account and Substitute Collateral. $30,000 of the face
amount of the Security , specified in Paragraph 3a above, shall be allocated to
revegetation of disturbed areas within the Subdivision, the cost for which is detailed as a
subdivision improvement in Exhibit B. Revegetation of disturbed areas in the
Subdivision, the costs for which is detailed as a subdivision improvement in Exhibit B,
shall be secured by Ironbridge Phase III, Filing I Revegetation Treasurer's Account
Agreement between the Owner, the BOCC and the Garfield County Treasurer,
("Revegetation Account Agreement"). The Revegetation Account Agreement shall be
valid for a minimum of two (2) years following recording of the Final plat.
b. Revegetation Account General Provisions. The provisions of paragraphs
3.b.,3.c. and 3.d., above, dealing with Bond requirements, extension of expiration dates,
increase in face amounts, plat recording and plat vacating shall apply to the Revegetation
Account.
c. Revesetation Review and Notice of Deficiency. Upon establishment of
revegetation, the Owner shall request review of the revegetation work by the Garfield
County Vegetation Management Department, by telephone or in writing. Such review
shall be for the purpose of verification of success of revegetation and reclamation in
accordance with the Garfield County Weed Management plan 2000, adopted by
Resolution No.2002-94 and recorded in the Office of the Garfield County Clerk and
Recorder as Reception No. 580572, as amended, and the revegetation/reclamation plan
titled and dated for the Subdivision submitted as
part of the Final Plat Documents. If the Vegetation Management Department refuses
approval and provides written notice of deficiency(ies), the Owner shall cure such
deficiency(ies) by further revegetation efforls, approved by the Vegetation Management
Department, as such efforts may be instituted within the two (2) years following
recording of the Final Plat.
d. Sinqle Request for Release of Revegetation Account. Following receipt of
written approval of the Vegetation Management Department, the Owner may request
release of the Revegetation Account Agreement and shall do so by means of submission
to the BOCC, through the Building and Planning Department, of a Written Request for
Release of Revegetation Account Agreement, along with certification of cornpletion by
the Owner, or Owner's agent with knowledge, and a copy of the written approval of the
Vegetation Management Department. It is specifically understood by the parties that the
Revegetation Account is not subject to successive partial releases, as authorized in
paragraph 3.e., above. Fufther, the Revegetation Account and the BOCC's associated
rights to withdraw funds and bring a court action may survive final release of the
Account securing other Subdivision Improvements, defined in paragraph 3.a., above.
e. BOCC's Completion of Reveeetation and Other Remedies. If Owner's
revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of
the BOCC upon the recommendation of the Vegetation Management Department, or if
the BOCC determines that the Owner will not or cannot complete revegetation, the
BOCC, in its discretion, may withdraw and employ from the Revegetation Account such
funds as may be necessary to carry out the revegetation work, up to the face amount of
the Revegetation Account. In lieu of or in addition to drawing on the Revegetation
Account, the BOCC may bring an action for injunctive relief or damages for the Owner's
failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall
provide the Owner a reasonable time to cure any identified deficiency prior to requesting
payment from the Revegetation Account or filing a civil action.
5. AFFORDABLE HOUSING. In accordance with the requirements of Article 8
of the LUDC and the Planned Unit Development ("PUD") approval, Owner has agreed to
provide six (6) deed-restricted affordable for-sale housing ("Affordable Housing Units") either
within the Subdivision or offsite as part of the Project as specifically provided in the affordable
housing agreement (the "Affordable Housing Agreement"). As provided in the Affordable
Housing Agreement, Owner shall not be required to construct any individual Affordable Housing
Unit(s) until a buyer for such Affordable Housing Unit has been qualified by the Garfield County
Housing Authority ("GCHA") in accordance with the Affordable Housing Agreement. Pursuant
to the Affordable Housing Agreement, if Owner defers construction of the Affordable Housing
Units, upon Owner's receipt of notice from GCHA that a buyer has been qualified to purchase an
Affordable Housing Unit (the "Purchase Notice"), Owner shall promptly commence construction
of an Affordable Housing Unit and shall deliver a completed Affordable Housing Unit to the
qualified buyer on or before one-hundred and twenty (120) days from Owner's receipt of the
Purchase Notice; provided, however, that if Owner receives a Purchase Notice on or between
October l5th and April lst of any year, Owner shall be required to deliver a completed
Affordable Housing Unit to the purchaser on or before the next-occurring August L As provided
in subparagraph 3.e above, upon the issuance of a certificate of occupancy for any Affordable
Housing Unit required to be constructed on a lot identified on the Final Plat, the County shall,
within ten (10) business days of receipt of Owner's Written Request for Parlial Release of
Security, release the Security attributable to such Affordable Housing Unit, including the ten
percent (10%) contingency amount attributable thereto. In the event Owner completes
construction of, and receives ceftificates of occupancy for, all of the market rate units within the
Final Plat prior to completion of construction of the Affordable Housing Units required to be
constructed as part of such Final Plat, the BOCC may, but shall not be required to, withdraw and
employ from the Security such funds as may be necessary to construct the Affordable Units in
accordance with the requirements of this SIA and the Affordable Housing Agreement, up to the
remaining face amount of the Security.
6. WATER SUPPLY AND WASTEWATER COLLECTION. As stated in
paragraph 15, below, prior to issuance by the BOCC of any certificates of occupancy for any
residences or other habitable structures constructed within the Subdivision, Owner shall install,
connect and make operable a water supply and distribution system for potable water, non-potable
irrigation water and a wastewater/sewer collection 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) and wastewater collection system
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 and wastewater system(s), for recordation following recording of the Final Plat and this
SIA. All facilities and equipment contained within the water supply and wastewater collection
system(s) shall be transferred by Owner to the Special District(s) by bill of sale. If a third party
water or sewer service entity requires warranty of the system(s), Owner shall provide proof to the
BOCC that such warranty is in effect and, if necessary, has been assigned.
7. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the
Owner to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the
public, on the face of the Final Plat. The POA 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.
8. 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. 643477, in the records of
the Garfield County Clerk and Recorder, as amended. The POA 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.
9. CONVEYANCE OF OPEN SPACE. The common open space parcel(s)
identified on the Final Plat shall be conveyed by Owner to the POA at the time of Final Plat
Approval or as agreed to between the owner and the POA. Owner shall deposit with the Garfield
County Clerk and Recorder executed original(s) of the instrument(s) of conveyance for
recordation following recording of the Final Plat and this SIA.
If not conveyed at the time of recording of the Final Plat, Owner shall execute and deliver into
escrow document(s) conveying the common open space parcel(s), easement(s), greenbelt(s),
park(s), shown on the Final Plat to the POA. The documents shall be deposited pursuant to the
escrow agreement, to be executed by the Owner, the BOCC and escrow agent ("Escrow
Agreement"). Owner shall deliver to the BOCC a copy of the fully executed and recorded
Escrow Agreement within a reasonable time following execution of this SIA. The special
instructions of the Escrow Agreement shall provide:
i. the Escrow Agent shall hold the conveyance documents until the
earlier of: a) receipt of a written notice signed only by Owner notifying escrow
agent that the work required of the Owner in this SIA has been completed and
approved as complete by the BOCC; or b) receipt of a written notice signed only
by the BOCC stating that Owner has failed to comply with the terms and
conditions of this SIA; or c) the Completion Date for Subdivision Improvements,
specified in paragraph 2, above, or as extended in accordance with paragraph 2 of
this SIA; and
ii. upon the first to occur of the foregoing events, the escrow agent
shall cause the conveyance documents to be recorded in the records of the
Garfield County Clerk and Recorder.
10. INDEMNITY. The Owner shall indemnifu 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 lmprovements and any other agreement or obligation of Owner, related to
development of the Subdivision, required pursuant to this SIA. The Owner, however, does not
indemnifu 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 notifu and provide such
written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in
this paragraph shall be construed to constitute a waiver of governmental immunity granted to the
BOCC by Colorado statutes and case law.
I 1. ROAD IMPACT FEE. Owner has completed as part of Phase I and II of the
PUD off-site traffic improvements based on full build out including this Phase III which fully
offset and exceed any Road Impact Fees which would otherwise be applicable pursuant to the
LUDC. Total completed improvements are $1.9 million, attached as Exhibit G is an engineer's
verification. Attached as Exhibit H are worksheets showing Phase lll and full development road
impact fees, demonstrating that offsite improvements fully offset all fees.
12. BREACH OR DEFAULT OF OWNER. A "breach" or "default" by Owner
under this SIA shall be defined as Owner's failure to fulfill or perform any material obligation of
Owner contained in this SIA. In the event of a breach or default by Owner under this SIA, the
County shall deliver written notice to Owner of such default, at the address specified in
paragraph 2l below, and Owner shall have sixty (60) days from and after receipt of such notice
to cure such default. If such default is not of a type that can be cured within such 60-day period
and Owner gives written notice to the County within such 60-day period that it is actively and
diligently pursuing such cure, Owner shall have a reasonable period of time given the nature of
the default following the end of such 60-day period to cure such default, provided that Owner is
at all times within such additional time period actively and diligently pursuing such cure.
13. BREACH OR DEFAULT OF COUNTY. A "breach" or "default" by the
County under this SIA shall be defined as the County's failure to fulfill or perform any material
obligation of the County contained in this SIA. In the event of a breach or default by the County
under this SIA, Owner shall have the right to pursue any adrninistrative, legal, or equitable
remedy to which it may by entitled.
14. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a
cash deposit in lieu of dedicating land to the Roaring Fork School District RE-1, calculated in
accordance with the LUDC 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 follows
forthe RE-l School District:
Unimproved per acre market value of land, based upon an appraisal submitted to the
BOCC by Owner, i.e. 552.551.00; and
Land dedication standard: 35 single-family dwelling units x 0.020 acres, equals [/ acres.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time
of recording of the Final Plat, thirty-six thousand seven hundred eighty five dollars
and seventy cents (36,785.70) as a payment in lieu of dedication of land to the Roaring
Fork 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 LUDC.
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, a reimbursement of the fee in lieu of land dedication to
the Roaring Fork School District.
15. FIRE IMPACT FEE. The Fire Impact Fee is 5730.00 per unit. The Owner,
therefore, shall pay to the Carbondale Fire Protection District, at or prior to the time of recording
of the Final Plat, twenty-five thousand five hundred fifty dollars ($25,550.00).
16. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision niay be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
l0
17. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this SIA, the BOCC rnay 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
Carbondale Rural Fire Protection District ("District"), if the Fire District has so required, that
there is adequate water available to the construction site for the District's purposes and all
applicable District fees have been paid to the District. No certificates of occupancy shall issue
for any habitable building or structure, including residences, within the Subdivision until all
Subdivision Improvements have been completed and are operational as required by this SIA. If
applicable, Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed
copy of a form in substantially the same form as that attached to and incorporated herein by
reference as Bxhibit F, concerning the restrictions upon issuance of building permits and
certificates of occupancy detailed in this SlA.
18. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with
the terms of this SlA, 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.
19. ENFORCEMENT. In addition to any rights provided by Colorado statute, the
withholding of building permits and certificates of occupancy, provided for in paragraph 16,
above, the provisions for release of Security, detailed in paragraph 3, above, and the provisions
for plat vacation, detailed in paragraph 17, 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 porlion thereol, 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.
20. 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.
21. 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.
22. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The
representatives of the Owner and the BOCC, ideritified below, are authorized as contract
administrators and notice recipients. Notices required or permitted by this SIA shall be in
1l
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:Blue Heron Properties, LLC
Attn: James W. Light or John Young
430 Ironbridge Drive
Glenwood Springs, CO 81601
Phone: 970-384-0630
Fax: 970-384-0634
Karl J. Hanlon
Karp Neu Hanlon, PC
P.O. Box 2030
Glenwood Springs, CO 81602
Phone: 970-945-2261
Fax: 970-945-7336
Garfield County Board of County Commissioners
Attn: Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Phone: (970)945-8212
Fax: (970) 384-3470
w/copy to:
BOCC:
23. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be
modified, but only in writing signed by the Parties hereto, as their interests then appear. Any
such amendment, including, by way of example, extension of the Completion Date, substitution
of the form of security, or approval of a change in the identity of the security provider/issuer,
shall be considered by the BOCC at a scheduled public meeting. Before any extension of
Completion Date is considered, Owner shall certify that all taxes and assessments on the real
property subject to the SIA are paid in full. If such an amendment includes a change in the
identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner
to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to
the BOCC, along with the original security instrument. Notwithstanding the foregoing, the
Parties may change the identification of notice recipients and contract administrators and the
contact information provided in paragraph 21, above, in accordance with the provisions of that
paragraph and without formal amendment of this SIA and without consideration at a BOCC
meeting.
24. 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.
t2
25. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and
this SIA shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the Parties have signed this SIA to be effective upon the date of Final
Plat Approval for the Subdivision.
ATTEST:
BOARD OF COLINTY COMMISSIONERS
OF GARFIELD COUNTY. COLORADO
By:
Clerk to the Board
Date:
Chairman
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, CLM Blue Heron,LLC, a
Colorado limited liability company
STATE OF COLORADO
COLINTY OF GARF'IELD
By:
Jam
)
)ss.
)
The foregoing instrument was acknowledged before me this
20l5,by Blue Heron Properties, LLC by its Manager, CLM l
James W. Light.
WITNESS my hand and official seal.
I&", "r SelreznU,r:
glue l-leron, LLC. bVitt N,I"".g..,
NOTARY PUBUC
STATE OF COLORAPO
NOTARY tD 20114003802
TTIY COMMISSION EXPIRES
l3
My commission expires:
Exhibit List
Exhibit A - Subdivision Improvement Plans - "Approved for Construction"
Exhibit B - Engineer's Estimate of Cost of Improvements
Exhibit C - Security- Escrow Agreement
Exhibit D - Written Request for Partial Release of Security Forrn
Exhibit E - Written Request for Final Release of Security Form
Exhibit F - Notice to lot owner regarding SIA completion
Exhibit G - Engineer's verification of completed improvements
Exhibit H - Road Impact Fee Calculation Worksheet
t4
HNAL PLANS rcR PHASE III - FILING 1
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BI. R EEND WAY FIoAD FLAN sd PFIOHLEPPFD2- EI-LE FEFON DRI. PLAN md PFIoFILEPPFDS.- FMEH BEND WAY ROAD PLAN dd PFIOFILEPPfD4- FrvER BEND wAY RoAD PI-AN.rd PFIOFILEFPFDs.- B[/ER BENO wAY FIoAD FI-AN od FRonLEFFfD6.- LoiIGSHADoW LAt€ P|-AN md PRoFLEPPrc7.- FED BLUFF ClFlq-E PLAN md FfIOFILE
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SHEET INDEX
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CS1,- COVEB SHEETcS2.- NoTES STEET
FINAL PLATFPL,P\TI-- FINAL PLAT SHEET 1FPIJT2.- FINAL FLAT SHEET 2FPi-AT3.- FINAL PLAT SHEET 3FPI-AT4- FINAL PI-AT SHEET 4FPLATs.- HNAL PI-AT SHEET 5FPI-AT6- FINAL FLAT SIIEET 6
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SANITAFY SEi,ER PLAN and PFOFILE
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MISCELLANEOUS
WATEFI DETAI- SHEETDET2,- SATVTAFY SEWER DETAIL SHEET
MISCELLANEOUS DETAIL SHEET
MISCELI..ANEOUS DETAIL SHEETDETs.- POND DETAL SHEETWMFI,- WEED MANAOEMENT PLAN
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GLENrcOD SPRINGS. CO AI60!
TELE: (97O) 3€e630
ENGINEER:
Hlctl,QQUNTRY ENGINEERING, lNc.
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Date:
Escrow Agreement
Escrow Number:Closer
The undersig,red deposit with Land Title Guarantee Company, a Colorado Corporation, as Escrow Holder (the "Esci:ow Holder"), the
iien:s set forlh in Scheclple A, to be helcl by Escrow Holdir subj ect to the terms of this Escrow Agreement, the General Provisions to
the Escrow Agreemeni and the Special krstructions in Schedule B (collectiveiy, the "Escrow Agreemeot").
E eU cash deposits must be accompanied by a Fonn W-9 Request for Taxpayer Identificaiion Nunber.
"Schedule A"
(Dcposits)
, from
"Schedule B"
(Special Insftuctions)
I Special Instructiol No. I (Repairs) Attached
Il Special lnstruction No. Ia (Coinpletion) Attached
T Special Instruction No. 2 (I-ender Cornpletion Instructions) Attached
i--l Special Instruction No. 3 (Indeurnity Agreement - Cash Deposit) Attacbed
I Special Instmction No. 4 (Depository Instructions) Attached
] Special lnshuction No 5 @.LRP.T.A)
Ll Sp.clat lnstructionNo. 6 Sesolution of Miscellaneous Issues)
' X eU other-s (See attached Exhibit *A")
The parties to the Escrow Agreement, by their signafure be1ow, acknowledge and agree that they have read, and will be bound by the
Escrtw Agreement, including the General provisions to 'rhe Escrow Agreement, and the Special Instructions in Schedule B.
Seller(s):
(if applicaole)
Buyer,{Borrower(s)
(ii applicable)
Fonni3j75 12i2013 ea.spec.inst-oCt {27894323}
Exhibit
Address:
Phone #:
F'ax #:
Email:
Contact:
Addrcss:
Phone #:
Fax #:
Email:
Contact:
Lender:
(If applicable)
Address:
Phone #:
Contact:
Any conespondcncc regarding this cscrou' shall be
addressed to:
Land Title Guarantee ComPanY
5975 Greenu'ood Plaza BIvd'
Greent'ood Village, Colorado 80 1 ll
Attn : Escrotv Coordinator
Phone: J03-321-1880
Far: 303-399-8193
Escrow Fees to be as Follows:
(a) Set up fee:
(b) Misccllancous:
Nole: After the issuauce offour (4) checks. a fee ofS10.00 per
check rvill be made for each additional check.
Receipt of the Escrow Deposit and acceptance of thc Escrorv
Agreement helelry acknotvledged bl':
T-and 'Iit'le Guarantee Con-rparrv - F-scrorv Holder
By:
Form 13575 122013 ea.spec. inst. odt i22894323\
By
Land Title Guarantee ComPanY
General Provisions to the Escrorv Agreement
Initia [s
Initials
Notices.
An1, ooriaa, required or-permitted to tre given under tlie Escro,a,Agree[rent shall have been deerned to have been served:
i. one business day after the notice is hand delivered u'ith pr-oofofreceipt by the addlessce, or
ii. .ne business aa1, afteL transmission by facsirnile eviilencilg cout-rmation of receipt by 1he receiving facsimile
machine, or
iii. one business day afrer transmission by email evidencing conhnuation of receipt by the receiving en:ail address. or
iv. if reputable ovepright courier (such as United Parcel Service or Federal Express) is used, on the immediately
foiloiving business day after notice is sent for overniglit delivery, or
". if the United States Ua;t is used, on the thild business day after the notice is deposited in the United States Mail,
Dostage PrePaid;
provided ir, .u.ti.ur. such lotice is addressed to the parties at the addresses given on the first page ofthis Escrorv Agteernent.
Reliance on Notice.
Escrorv Holder may act in reliance upon any uriting or instrument or signature w'hich Escrorv Holder, in good faith, believes to
be genui,e. and may assume the validity and acculacy of any staternent or assertion contained in such a writing or instrutncnt,
u,rJ,ouy assurne that any person purpolting to give any rvriting. notice, advice or it.tsttuctiott in cotlnection ri'ith the provisic'rns
hcrcofhas been duly authorized so to do-
Laws Relating to Unclaimed Funds.
Seller and Buf,er arc hercbl, adviscd that unclairncd funds may bc payablc to thc Statc at sLrme firture date pursuant to
unclairned propertl, iaws, and should Escrow Holder pay ally such lunds he]d Ln the Escrow Deposit. Escrorv Holder shall be
release fi.onr all furthcr rcsponsibility undcr thc Escrow Agrccntcnt and shall not bc liablc to any Partl' so long as such payment
was urade pursuant to applicable laiv.
Escrow Deposit and Interest Earned on Escrorv Deposit'
,. Upon receipt of rvritten dir-ection of the pa:1ies along u ith a completed \ L9 auy' money cornprising the Escrorv Deposit
rvill be ilvested in an ilterest bearing account.
Deposits of $ 100,000.00 or more ma)/ be directed b), the parties hereto to other $,pes of invesfinents. ol' the Escto\v
gotder may irvest tl.re Escrorv Depoiit in Repulchase Ag'eerlents for u.S. Treasurl obligations or other Federal agency
issued securities.
Escrorv Holder shall 'ot be respo,sible for nraxirnizilg the i,isl6 on the Escrolv Deposit. Urtder no cit'cumstances shall
F,scro$,Holder be liable for lois offunds due to bank or other Institution failure, including elnployees or agents thereof.
suspe,sio6 or cessation of Lrusiness, or any action or inaction on the pall ofthe bauk or other institution. or any delivery
service fl'an,sporting funds to and l?otn the institution.
All parties hereto shall execute and deliver to Escrow Holder all fou.ns required b1, federal. state or other governmental
agcncics relative to taxation matters and Escrorv l{older will file appropriate 1099 ol othcr required forms.
Fees and Expenses of Escrorl Holder.
a. The Escro$,Holder shall be entitled to leimbursement iD ful]. or mav demand pa]1ment in advance, for all costs.
expenses, charges. fees or other payments made or to be rnade by Escrow Holder in the pertbrmance of Escrorv Holder''s
duties and obligations under the Escrorv Agreement-
tr. The parties to the Escrorv Agreement are iointly and severally liable for the pal.rnent to Escrow Holder of all fees and
.^p.},r".. Escrorv Holder is hereby authorized and directed to reimburse to itself in pay'ment of t-ees or expenses from
uny fund, [n the Escrou,Deposit, rvhether frorn principal or interest or both, at atry tilne, and Ao[r time to titne, as dre
satne may be due and owing.
c. Escrow Holder is hereby authorized to rvithhold any fees or expenses fi'om an.v- disbttrsement or distribution of Escrorv
Deposit to any Palt)'hereto or to the Cler-tr< of the Court ulron interpleader'
d. tn ihe event that the Escroq, Deposit shall consist of docurnents only and not frurds, Escrow Holder ma)' refuse to
disuibute a1y such docunelts or to otherwise act under this Agreement until all acct'ued but unpaid fees and expenses
have been paid in full.
c.
rm l3575 12/2013 ea.spec.Lnstodt {228e{323}
1
r0.
Non-liabilitl of Escrow Holder.
a. Escrorry Holder shail not be liable for any nistakes of fact. or erors ofjudgment or for any acts ol omissions of any kind
. unless caused b,v the wjtlful lnisconduct oI gross negJigence of Esct'orv Holder-
b. Escrow Holder shall not be jiable for any taxes, assessrnents or other goven'mtetrtal charges which nay be levied or
assessed upon the Escror.v Deposit or an), part thereof, or upon the income therefrom
c. Escrow Hotder fl1a1, 1s1r upoo th. advice of counsel and upon statements of accountants, brokers or other persons
reasonably believed by rt rn good faith to be expert in the inatters upon rvhich they are consulted, aud fclr anv reasonal]le
action taken or suffeled in good faith based upon such advice or statements.
Indemnity of Escron' Holder.
The Sellcr and Buyer joirltl-v and severalil', agree to:
i. indemnifi Escrou,Holder for. ana notA it hamrless against any artd all liabihq'incurred bY the Escrorv Llolder by
reason of tllis Escrou,Agreement. or in connection with Escrolv Agent's perfortnancc of its dutics hereurlder, except
for Escrow Holder's ou'n u'illful misconduct or gross negligence, and
ii. reinlburse Escrorv Holder for ali its expenses. including, but not neccssarily lirnited to, attomcys' fees and court
costs incurt'ed pursuant to this Escrorv Agreement.
Request for Written Instructions.
a. Escrorv Hoider may at atrv time. and fi-om time to time, request the Seller and Buyer to proi'ide N'ritten instructious
concerning the propriety of a proposed payment of the Escrou, Deposit. distribution of documents, or other action or
refusal to act by Escrorv Holder.
u. Should the Seller and Buyer fail to provide such written instructions rvithin a reasonable time. Escrou' Holder rnay take
such action, or refuse to u.t. u, it rniy' deem appropriate and shall not be liable to anyone for such actiou or refusal to act.
c. N otrryithstandiDg the foregoing. should tbe tenr-rs of the Escrow Agreement be complied u'ith. in the judgment of Escror'r'
Holder, then tlie Escrou,Hofdl may disburse any funds, distribute docuurents, or take such action without specific
furthet wriftelt instructions fi'om any Parfy.
Disputes and lnterpleader.
a. In the event ofany dispute befq,een the Parties as to eitlter lau,or fact, or in the event any ofthe parties hereto fail, fbr
an)r reason, to fully rcicipt and acquit thc Escrow Flolder in rvriting E,scrorv Holder tnay rcfuse, ilr its discretion, to cau)'
oui said escrow ilstructions or to deiiver any funds. documen[s. or propeffy in its hand to anyone and irr so doing shall
not becorne liable to demand.
b. Escrow Holder shall be entitled to continue, without liabiliry to refrain aud refuse to act:
i. until all the rights ofthe adversc claimants havc bccn frnally adjudicated by a court havingjurisdiction over the
paties and thJ items affected hereb-v, after u,hich time the Escrorv Holder shall be e[titled to act in conformir-,* rvith
such adjudicatiotr; ot
ii. untit all ditTerences shall have been adjusted b,v- agreement and Escro$' Holder shall have been notified thereof and
shall have bee[ directed in rvriting signed jointly or in counterpart b-v tJre parries and all persons making advetse
claims or dernand. at w'hich time Escrou'Holder shall be protected in acting in cornpliance there$'ith.
c. Escrov,,Holder also has the right to interplead into a court of competent jurisdiction at the expense of tlre Panies.
Resignation of Escrort Holder-
a. Escrorv Holder nra.v resign under this Agreement by giving lvritten notice to all of the parlies hereto, effective 30 days
after tire datc of said notice.
b. Upol the appointnent by the parlies of a new escrow holder or custodian, or upon rryritten iustnrctions to Escrow Holder
foi otlicr clisposition ofthe Eslroiv Deposit, Escrorv tlolder shal1. after retention ofits accrucd cscro\ry fccs and expcnses-
if any, shall cleliver the Escrow Deposit u,ithin a reasonable period of time as so directed, and shall be relieved of any and
all liability hereunder arising thereafter.
Applicable Lan'.
This Agreement shall be governed b)'the lalvs of the State of Colorado'
Counterparts/Third Party Benefi ciaries'
'lhis Escrorv Agleenent ntay be executed ir any number of counterpa(s, each of which rvhen so executed shall cor.rstitute the
entire agr.eement betrveen tlie Seller and Bu\/er. Tire Seller and Buler acknorvledge and agree that there are not intended or
unfuite[ded third party beneficiaries rvho rnay rel1, up.qn or benefit lrom the provisious of this agreement.
Elcctronic Signatures and Notices.
The execution of this Escrovv Asreement. and any otlter rlotice required or permitted under this Escrow Agreeurent, may be
givcn and transmitted by electronic means (including ernail, facsimile. or similar transrnission) and shall be deerned cffcctive
Ior all purposes. Documents rvith original signatures are not required. if origilal signahrres are requil'ed b)' any party, this
,.qrari niust bc madc prior to execution of this Esclow Agreement or any other notice, to ensure cornpliancc rryith the request.
trorm 13575 )212013 ea.spec. inst. odt {22894323}
n.
12.
Exhibit "A"
to
Escrow Agreement
This document is an addendum ("Addendum") to that certain escrow agreement under Land Title
Guaranty Company Escrow Account No. 5 19857 ("Escrow Agreement") entered into between
and among Blue Heron Properties LLC ("Blue Heron Properties") the Board of County
Commissioners for Garfield County, Colorado ("BOCC") and Land Title Guaranty Company
(,'Escrow Holder"). This Addendum is incorporated in the Escrow Agreement by reference as if
set out in full.
Blue Heron Properlies
Introduction
and the BOCC are parties to that certain Subdivision Improvements
and recorded in the public records of Garfield County,Agreement dated
Colorado under Reception No.(the "SIA").
Section 3, of the SIA requires that Blue Heron Properties provide security for the construction
and completion of certain public improvements located within the Phase III of the Ironbridge
Planned Unit Development.
The amount of the security is S_ (the "Escrow Deposit"), which is an amount equal to
the Cost Estimate as defined in Section 3(a) of the SIA'
Blue Heron Properties and the BOCC have agreed that the delivery of the Escrow Deposit to the
custody of the Escrow Holder, pursuant to Escrow Agreement and this Addendum, will satisfy
the security requirements under Section 3 of the SlA.
Disbursal Instructions and Miscellaneous Provisions
Disbursal of Escrow Deposit.
In accordance with the above, Blue Heron Properties and the BOCC instruct the Escrow Holder
to disburse all remaining or any authorized poftion of the Escrow Deposit as follows:
To Blue Heron Properties: Escrow Holder shall disburse the sum set fonh on any
"Written Request for Partial (or Final) Release of Security presented by Blue Heron
Propefties" as provided in Section 3(e) and Exhibit D of the SIA that is stamped,
certified, or otherwise authorized by the BOCC or its duly authorized officer or
representative.
To the BOCC: Escrow Holder shall disburse the balance of the Escrow Deposit, together
with all accrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved
written resolution of the BOCC confirming that the BOCC has determined Blue Heron
Properties to be in default under the SIA. Such determination shall be made at a duly
noticed public meeting forwhich Blue Heron Properties witl be provided 14 calendar
days advanced written notice. Notice provided in conformance with the SIA will be
deemed sufficient for the purposes of this provision'
Section 1.01
Section 1.02 Miscellaneous Provisions.
Blue Heron Properties waives any and all claims against the BOCC, its officers, employees,
agents and contractors on account of each of their good faith performance of their obligations
,nd..the Escrow Agreement and this Addendum. Blue Heron Properties shall defend, indemnify
and hold harmless the BOCC, its officers, employees, agents and contractors from and against
any claim made on account of this Escrow Agreement'
The procedures set forth in this Addendum are intended to govern the manner in which Escrow
Deposit funds are to be disbursed to Blue Heron Properties, or, as the case may be, the BOCC.
This Addendum does not affect, in any respect, the manner or conduct of inspections to be
performed by the personnel of Garfield County with respect to the public improvements, all as
further provided in the SIA.
The parlies intend that the Escrow Agreement and this Addendum satisfy the requirement of "a
form of security deemed adequate" under Seciton 3(a) of the SIA. In any event, as between Blue
Heron Properties and the BOCC, the provisions of the Escrow Agreernent and this Addendum
are to be interpreted in a manner consistent with the SIA, which, with respect to Blue Heron
Propefties and the BOCC, will control over the Escrow Agreement and this Addendum with
respect to any provisions that are in conflict.
***End of Addendum***
EXHIBIT D
RELEASE OF ESCROW FUNDSREQUEST FOR PARTIAL
Board of County Commissioners
Garfi eld County, Colorado
c/o Director of Community Development
108 Sth Street, Suite 401
Glenwood Springs, CO 81601
RE: Ironbridge Subdivision
This request is written to formally notify the BOCC of work completed
Subdivision. As Owner [or On behaff'of the Avner|, we request that the
attached Engineer's Certificate of Partial Completion and approve a reduction
for the Ironbridge
BOCC review the
in the amount held
in Land Title Escrow No. 5 19857 (the "Escrow Funds") in the amount of $
_, to a reduced the Escrow Funds to $Attached is the certified original
cost estimate and work completed schedule, showing:
Engineers Cost Estimate
Work Completed, less l0o%
Reduced Face Amount of E,scrow Funds
Based on periodic observation and testing, the construction has been completed, to date, in
accordance with the intent of the plans and specifications that were reviewed and approved by
the BOCC or its representatives and referenced in Paragraph 2 of the Subdivision Improvements
Agreement between the BOCC and the Owner.
If fufther information is needed, please contact
Owner
or
Owner' s Representative/Engineer
APPROVED:
Name:
Office:
,at
EXHIBIT E
REQUEST FOR FINAL RELEASE OF ESCROW FUNDS
Board of County Commissioners
Garfi eld County, Colorado
c/o Director of Building and Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Ironbridge Subdivision
This request is written to formally notify the BOCC of work completed for the lronbridge
Subdivision. As Owner [or on behalf of the AunerJ, we request that the BOCC review the
attached Engineer's Certificate of Completion and approve a full release of the amount held in
Land Title Escrow No. 5 19857 (the "Escrow Funds") in the amount of $
Attached is the certified original cost estimate and work completed schedule, showing that all
improvements required by the Improvements Agreement and secured by the Escrow Funds have
been completed.
Also enclosed
dated
are the following, required by the Subdivision Improvements
between Owner and the BOCC, recorded at Reception No.
the Real Estate Records of the Garfield County Clerk and Recorder (the "SIA"):
1. record drawings bearing the stamp of Owner's Engineer certifying that all
improvements have been constructed in accordance with the requirements of the SIA,
both in hand copy and digital format acceptable to the BOCC; and
2. copies of instruments.conveying real property and other interests which
Owner was obligated to convey to the homeowner's association or other entity at the time
of final Plat Approval.
If further information is needed, please contact
Owner or Owner's Representative/Engineer
APPROVED:
Name:
Office:
Agreement
at
EXHIBIT F
Note to Lot Owners With Respect to Completion of Public Improvements
You are being provided this Notice in connection with certain development activity
occurring on the Phase III of the Ironbridge Subdivision and to inform you of the completion of
certain public improvements required under the Subdivision Improvements Agreement (subject
to any amendments of record, the "SIA") between Blue Heron Propefties, LLC (the
"Developer"), and the Board of County Commissioners of Garfield County, Colorado (the
"BOCC"), which was recorded in the Garfield County Clerk and Recorder's office ofl _,
2015 under Reception No. _.
As a result of the completion of these public improvements, ceftain funds held in escrow
to secure the construction of the public improvements will or have been released to the
Developer by the BOCC or its duly authorized representative.
Nothing is required or expected of you in connection with this notice. For further
information, you or your legal counsel may review the provisions of the SIA.
***End ofNoticex**
CIvII- ENGINEERING
May 22,2015
Garfield County Community Development Department
c/o Kathy Eastley
108 Sth Street, #401
Glenwood Springs, CO 81601
Lnruo SunvEyll.tc
Exhibit
G
RE: Offsite Road Improvement Fess Paid To Date - Ironbridge Subdivision
Kathy:
The Ironbridge Subdivision has completed multiple offsite roadway improvements that benefit
the public Right of Way system. These improvements were focuses around the 2001 and 2002
time period and include CR 154/Highway 82 intersection widening, acceleration and
decelerations lane additions and a traffic signal installation. Multiple improvements along CR
109 adjacentto the subdivision were also made, including lane widening forthe subdivision that
created new sections of asphalt roadway, replacing the old asphalt that was wearing and would
have required repair by the County. Drainage improvements were also made along CR 109 to
allow for the west roadside swale to function properly and transfer water through the new
subdivision.
Attached is the original, unsigned, contractual agreement for these road improvements to be
completed by Gould Construction. This is not an engineer's estimate of the work, this the actual
agreed upon bid amount for the work to be completed.
Please feel free to call or email to discuss any question you may have.
Sincerely,
)
.',,.1 u --/ ).+ .', r/) -/ /''J' ;,:, t4--u
Matt Langhorst, P.E.
High Country Engineering, Inc.
l5l7 Blake Avenue. Suite l0l
Glenu,ood Springs. CO 81601
970.9.15.8676 phone
970.945.2555 lax
w'u'r'l .lrccng.con.r
.{n Employee Ou,ned Companl
County Road 109 / County Road 154 Project No. 2000075.02
AGREEMENT
THEAGREEMENT,madethisdayof-,2001,byandbetweenL.B.RoseRanch.
LLC hereinafter called "OWNER" and Gould Construction. Inc. doing business as a corporation
here i-nafter ca I led " CONTRACTOR''. -
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
l. The CONTRACTOR will commence and complete the construction of the Rose Ranch
P.U.D. - County Road 109 / County Road 154 Project
2. The CONTRACTOR will furnish all of the material, supplies, tools, equiprnent, labor and
other services necessary for the construction and completion of the PROJECT described
herein.
3. The CONTRACTOR will commence and complete the work required by the CONTRACT
DoCUMENTSasstatedintlreNoTICEToPRoCEEDdated-200l,
unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the tenns therein for the surn of $-l!ff1!60.!1.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
BID
BID BOND
AGREEMENT
PAYMENT BOND
PERFORMANCE BOND
NOTICE OF AWARD
NOTICE TO PROCEED
CHANGE ORDER
GENERAL CONDITIONS
SUPPLEMENTARY CONDITIONS
SPECIFICATIONS prepared by High Country Engineering, Inc.
ADDE,NDA:
Those sections applicable to this contract in Addendum Nurnbers 1-8
DRAWINGS prepared by High Country Engineering, lnc., numbered Sheets I through 80.
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in
the General Conditions such amounts as required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
A-l
County Road 109 / County Road 154 Project No. 2000075.02
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in three (3), each of which shall be deemed an original
on the date first above written.
(sEAL)
ATTEST:
OWNER:
L.B. Rose Ranch. LLC
William J. Hatch
(Please Type)
Manasins Princioal
Address c/o Gate CapitaL lLe
650 Delancy Street
San Francisco. CA 94107
Telephone
CONTRACTOR:
' Gould Construction. Inc.
BY
Name
Title
(Please Type)
Name
Title
(sEAL)
ATTEST:
BY
Name
(Please Type)
Name Mark Gould
(Please Type)
Title Owner
Address P.O. Box 130
Glenwood Sorinss" CO 81602
Telephone (970), 94s-7291
Title
A-2
t/Application lronbridgc Phasc lll
Use (Number ofToral Dwelling Lnits, Including ADUS) 6l
Prepared 51111015
identified in Resolution 98-28
identified in Resclution 98-28
Base Road cost s224o.ooo
Road Capaciry rn ADT I 8,433
Cost perADT Slzl 52
T per Land Use 9 5
Road Imprct Fee per Land Use 3;1,162 96
and Br dge Mill Levy for 2014 is 3.5
updated a.nuallV by Treasurers Office
Line 7 by Line 10
ofAnnual R&tl Propemy Tax per Land Use S28 I
)ount\ Discounl Rate 5
Road Design Life (Years) 2
Present \\ orlh Factor I 0 84
Tax C.edit 5305
11 subtracted From Line 6R.AD lMPAcr FEE $857
Estimated CPI tor 2014
Line 14 divided by Line 13
Multiply Line 12 by Line 15
ION ADJUSTMENT
-Boulder cPl Year of cost Estimate 154
Factor 1
.CONSTRUCIION INFI.ATION ADJUSTED IMPACT TEE SI,2I7
Note: Calculation not necessary if construction co5t estimate is the
same year as the fee is collected
upCated annualiy by Treasurers office
Line 12 by Line 19, N/A rf Llne 18 = 0
ONSTRUCTION COST ADJUSTMENT
Discount Rate 5
Note: lf the road construction was financed, derive the linanced
rate from the debt repavment schedule prepared for the financihg
and substltute the derived rate for the Discount Rate
Term (YeErs srnce the road was consiructed) 1
Note: ln the case of debt finaning, enter the tmputed multiplier
From the debt seruice schedule prepared for the finance
POST-CONSTRUCNON ADJUSIED IMPACT FEE 5857
y Line 16 by Number of DwelIn8 Units
of Fee divided by Number of DwellinB Unlts
FEE TOR TOTAT NUMSER OI DWELTING UNITS
OF FEE TO 8E PAID AT FINAT PI.AT
FEE IO BE COLLECTEO WITH EACH BUILDING PERMIT
Notes
-ine Road tnpst lte C'slculation Worksheel - 8E!!!!! fElI
1
I'llable )"ields in ltlrrc
I,rojcct/Applicafion ltoobrrdgc l'hase l. ll aniJ lll
TraIIlc Sudy Atea 9
Lmd Use (Number of Total Dwe lling Unrts, lncluding ADUs) i 16
Dale Prepared 5i 1812015
As tdentifled in Resolutlon 98-28
2
3
4
5
5
lasc Road Cost $2 2'1C 000
toad Capactty in ADT 18 41i
load Cost per AD't Sl2 I 52
\DT per Land Use s 57
Bsse Road lmpsct Fee per Land Use sl 162 96
As identifred in Resolution 98-28
As identified in Resolution 98-28
should match Resolution 98'28
Eased on ITE Manual
1
8
9
10
11
TAX (]REDI'I'S
80%ofADnualR&BPropertyTaxperlandUse s?fi i6
County Discount Rat. 5 ooo'h
Road Dcsign Lrte (Yeors) 20
Present \tiorth Factor I 0 8'1
Properry Tax Credit 5305 25
:ounty workbook
Vlu tiply Line 7 by Line l0
loaC
late i
and Brldge Mill Levy lor 2014 rs 3,5
updated annurlly by Treas!rers O{fice
12 UNAD-IUSTED ROAD IMPACT FEE 5857'7(:ine 1 1 subtractec from Line 6
13
14
15
16
INFLATION ADJUSTMENT
Denver-Boulder CP Year of Cost Estimate 154'1
Denver.Boulcer CDI Yea. ot moact Fee Celc 235'4
tnflation Factor 1 4889
PRE-CONSTRUCTION INFLATION ADIUSTED IMPACT FEE $7'217'06
Note: Calculatlon not necessarV if constructron cost a5tlmate is the
safie year a5 the fee ts collected
CPI for 1997
Estimated cPl For 2014
tlne 14 divided by Line 13
Mulriply Line 12 by Llne 15
17
18
19
20
POST-CONSTRUCNON COST AOJU5TMENT
:ountV Discount Rate
Note: lf the road construction was financed, derive the financed
'ate from the debt repayment schedule prepared for the flnancint
.nd substitute the derived .ete for the Discount Rate
ferm (Years since the road was co.structed) 17
Compound lnterest Multiplier 1
Note: ln the case of debl finaning, enter the lmputed multiPlier
from the debt seryice schedule prepared For the finance
instrumenL
POST.CONSTRT,,CTION ADJUSTED IMPACT fEE SA57 '7C
late updated annually by Treasurers Office
workbook
Multiply Lrne 12 bv l-ine 19, N/A if Line 18 = 0
TOTAL TE€ FOR TOTAL NUMBER OF DWIII.ING UNITS
1/2 OF IEE TO EE PAID AT FINAL PI.AT
Ii,4PACI FEE TO BE COLLECTED WITH EACH BUILDING PERMIT
Multiply Line 16 by Number of owelling Units
Total Fee divided by 2
1/2 of Fee div ded by Number of Dwelling Units
Date:
Escrow Agreement
Escrow Number-:CIoser
The undersigned deposit with Land Title Guarantee Company. a Colorado Corporation, as Escrow Holder (the "Escrow Holder"), the
itenrs set forlh in Schedule A, to be held by Escrow Holder subj ect to the terms of this Escrow Agreement, the General Provisions to
the Escrow Agreemeni and the Speciai Instructions in Schedule B (collectivell', the "Escrow Agreemeut").
E U cash deposits must be acccimpanied by a I onn W-9 Request for Taxpayer Identification Nuluber.
"Schedule A"
[Denosits)1,il{a>r,o^
[-]
E
trIT
t_rl
Er
"Schedule B"
(Special Instructions)
Special Instruction No. 1 (Repairs) Attached
Special Instruction No. I a (Cornp)etion) Attached
Special Instruction No. 2 (Iender Cor:rpletion instructions) Attached
Special Instruction No. 3 (Indernnity Agreement - Cash Deposit) Attached
Special lnstruction No. 4 (Depository Instructions) Attached
Special lnsh uction No. 5 (!'.I.R.P.T.A)
Special InstructionNo. 6 Eesolution of Miscellaneous Issues)
A11 others (See attached Exhibit "A")
The parties to the Escrow Agreement. by their signature
Esciow Agreement, including the General Provisions to
Seller(s):
(if applicarle)
be1ow, acknowledge and agree that they have read- and wiil be bound by the
the Escrow Agreement, and the Speciai Instructions in Schedule B.
RrryerlBorre*e*€) : B [trc- tt=so
^_ Pn.o7.trS, LL L
ryw,uVp-'
Form13i7i 12i2413 ea.spec.iastodt {22894323}
By
Address:
Phone #:
Fax #:
Email:
Contact:
Lender:
(ifapplicable)
Address:
Phone #:
Contact:
Ary correspondcucc rcgardfurg this cscrou'shall be
addressed to:
Land Title Guarantee Conrpany
5975 Greenwood Plaza Blvd.
Greenwood Village, Colorado 80lll
Attn: Escrorv Coordinator
Phone: 303-321-1880
Far: 303-399-8193
Address:
Phone #:
Fax #:
Email:
Contact:
Escrow Fees to be as Follows:
(a) Set up fee:
(b) Misccllancous:
Note: After the issuance of four (4) checks. a fee of $ I0.00 per
check rvill be made for each additional check.
Receipt of the Escrou. Deposit and acceptance of thc Escrow
Agreement hereby acknotvledged b\,:
Land Titie Guaratitee Conrpanv - F-scros' I-{oldcr
By;
Form 11575 122013 ea.spec.inst. odt 122894323|
Land Title Guarantee Comparr5'
General Provisions to the Escrorv Agrrernent
lnitia [s
Initials
Notices.
An1.no[ices required or permitted to be given under the Escrow Asreement shal] have been deetned to have been served:
i. one bgsiness day after the notice is hand delivered u,ith ploofofreceipt by the addressce, or
ii. o1e business cla1, after transmission by facsirnile evidencing cont-trmation of receipt by the receiving facsirnile
machine, or
iii. onebusilessclayaflertransmissionbl,emailevidencingconhmratiouofreceiptbythereceivingemail address,or
iv. if reputable ovemight courier (such as United Parcel Service or Federal Express) is used, on the imnrediately
foilor.ving business da1' 31"t notice is sent for ovemig]rt delivery' or
v. if the United States Mail is used, on the third business day after tlie notice is deposited in the United States Mail,
postage prepaid:
provided ir.r each case such notice is addressed to the parties at tlie addresses given on the frrst page of this Escro"v Agreemeut.
Reliance on Notice.
Escrou, Hotder mav act in reliance upon any u'riting or ilstrument or sigttature uhich Escrou' Holder, in good faith, believes to
be genuine. and ma1, assulne the vaiidity* and accul'ac), of any statement or asserliott contained in such a rvriting or irrstn:mcnt,
u,rJrouy assume that any person purporting to give any rvrititig, notice, advice or ittsturctiotl in colrnection ri'ith the provisions
hcrcof has been duly authrtriz,ed so to do.
Laws Relatiug to Uuclairred Funds.
Seller and Buyer arc |ercby adviscd that unclairncd funds may bc payablc to the Statc at some future date pursual.lt to
tunclairned properry- Iaws, and should Escrow Holder pay any such firnds held in the Escrorv Deposit, Escrow Holder shall be
release fi.om all fi1thcr rcsponsibilitv undcr thc Escrow Agrccmcnt and shall not bc liablc to any Partl' so long as suih paylxent
u,as made pursuant to applicable larv.
Escrow Deposit and lnterest Iiarned on -Escro$'Deposit.
,. Upon receipt of rvrittel dilection of the parties along rvith a completed W-9 any' mone)- colnprising the Escrow Deposit
q,ill be invested il an ilterest bearing accoullt-
b. Deposits of $ I 00,000.00 or more may be directed by the parties hereto to other fypes of invesfiuents, or the Escrorv
Holder rnay irvest the Escrow Deposit in Repurchase Agreetlents for Lj.S. Treasutl obligations or other Federal ageDcy
issued securities.
c. Escrow Elolder shall not be responsible for uaxirnizing the 1,is16 ou the Escrow Deposit. Under no circumstances shall
Escrorv Holcler be liable for loss of funds due to bank or other Institution failure, including ernployees or agents thereof.
suspensiol or cessation of Lrusiness, or any action or iraction on the part ofthe bank or other institution. or any delivery
service h'ansporting funds to and fionr the institution.
d. All parties hereto sliall execute and deliver to Escrow Holder all forms required b1' fedeLal. state or other govelnrrrental
agcncics relative to taxation matters and Flscrorv l{older u'ill file appropriate 1 099 or othcr tcquired forms.
Fees and Expenses of Escrow Holder.
a. The Escrorv Holder shal1 be entitled to reimbursement in full. or ma.v demand paynent in advance, for all costs.
expenses, cltarges, i-ees or other payments made or to be tnade by Escrow llolder in the perlormance of Escrolt'llolder's
duties and obligations under the Escrorv Agreemerit-
tr. The parties to the Escrorv Agreement are jointly and severally liable for ttre payrnent to Escrow Holder of all fees and
expenses. Escrorv Holder is hereby autholized and directed to reimburse to itself in payment of fees or erpenses frour
an_v funds in tlre Escrorv Deposit, whether frorn principal or iaterest or both, at auy tirne, and from tinre to tirne, as the
salne may be due and owirlg.
c. Escrow Holder is hereby authorized to rvithhold any fees or expenses fi'om any disbursernent or distr-ibution ofEscrorv
Deposit to any Party hereto or to the Clerk of the Court upon interpleader.
d. ln the event that the Escrou, Deposit shall consist of documents only and not funds, Escrorv l{older rnay refuse to
disoibute aly such docurnents or to otherw'ise act urder this Agreement until all accrued but unpaid fees and exPenses
have been paid in full.
rm 13575 12,2013 ea.spec.inslodt {228e1323}
J.
Non-liabilitl' of Escrow Holder.
a. Escrou,Hoider sha1l not be liable for anl,mistakes olfact. or elrors oljudgrnent or for any acts or otlissions of any kind
unless caused by the rvillful misconduct or gross negJigence of Escrow Holder'.
b. Escrow Holder shall not be iiable for any taxes, assessments or other goverunental charges which may be levied or
assessed upon the Escrow Deposit or any par1 tirereof, ol'upon tire income therefi'om.
e. Escrorry Holder may rely upon the advice of counsel and upon statements of accountants, brokers or other persons
reasonably beljeved by i1 in good faith to be expert in the rnatters upon rvhich they are consulted, and for anY reasonable
action taken or suff'eled in good faitir based upon such advice or statements'
Indemnity of Escrou' Holder.
The Sellcr and Buyer joirttly and severalil,, agree to:
i. indemnify Escrow Holder for. and hold it hanuless against au1' and all liabiliq, itrcurred by the Escr:orv Holder by
reason of this Escrou,Aseement. or i.n connection u,ith Escrou,Agent's perfortnancc of its dutics hereunder, except
for Escrorv Holder's ou'n u'illful misconduct or gross negligence, and
ii. reintburse Escrow Holder for all its expenses. including, but not neccssa:-ily lirnited to, aftomcl's' fees and court
costs iDculTed pursuant to this Escrorv Agreement.
Request for Written Instructiotts.
a. Escrorv Holdermay at an)/ time. a1d fi'om time to time, request the Seller and Bu1.er to provide tvritten insnuctions
concerning the proprier-v of a proposed payment of the Escrorv Deposit. distribution of documents, or other action or
refusal to act by Escrorv Holder.
u. Should the Se11er and Buyer fail to provide such rwitten instructiorls rvithin a reasonalrle time, Escrow Holder rnay take
such action, or refltse to acr. as i1 ma;- deem appropriate and shall not be liable to an)'one for such action or refusal to act.
r. Notrvithstandiug the foregoing. should the tenr-rs of the Escrou, Agreement be complied rvith, in the judgmeut of Escrou'
Holder, then the Escrou,Holder ma.v disburse any funds, distribute docuurents. or take such action rvithout specific
furthel wriften instructions fi'om any Party.
Disputes and I nterpleader.
a. In the event ofany dispute belween the Parties as to either Law or fact, or in the evetlt an), ofthe parties hereto fail, fbr
any reason. to fully reccipt and acquit thc Escrow Flolder in n'riting. E,scrorv Holder rnay rcfuse, in its discretion, tQ car'ry
out said escrow instructions or to deliver any funds^ docurnents. or propeff)' il its hand to anyone and il so doing shall
not become liable to dernand.
b. Escrow Holder shall be entitled to continue, without liability. to refrain and refuse to act:
i. until all the rights of the adversc claimants havc bcen frnally ad-iudicated by a court having jurisdiction over the
Parties and the items affected hereby, after s,hich time the Escrorv l{older shall be entitled to act in conformiqv r.vitlr
such adjudication, or
ii. until all ditlerelces shall have been adjusted b,v ag;reement and Escrorl'Holder shail have been notified thereof aud
shall have been directed in writing signed jointly or il counterpart b-v the parties and al1 persons making adverse
claims or demand. at rvhich tinte Escrow Holder shall be protected in acting in compliance therewith.
c. Escrow Holder also has the right to interplead into a court of cornpetent jurisdiction at the expense of the Panies.
Resignation of Eserorv Holder.
a. Esclorv Holder ma.v resign under this Agreernent by giving u'ritten notice to all of the pafiies hereto. effective 30 days
after the datc of said notice.
b. Upo[ the appointment by the parlies of a new escrow holder or custodian, or upon written iustttctious to Escrow Holder
for othcr disposition of the Escrou, Deposit, Escrorv Holder shal1. after retention of its accrucd escrow fces and e.{pcnses.
if a1y, shall deliver the Escrow Deposit ra,ithir a reasonable period of time as so directed, and shall be relieved of any and
all liabiliiyt hereunder arising thereafter.
Applicabte Law.
This Agreernent shall be govemed by tlie larvs of the State of Colorado.
Counterparts/Third Party Benefi ciaries.
'lhis Escrorv A-ereement ntay be executed in any number of counterpafts, each of u'hich rvhen so executed shall constifute the
entire agt'eement between tlre Seller and Buyer. The Seller and Buyer acknou'ledge aud agree that there are not intended or
uniltended third party beneficiaries who nra,v relv upon or benefit from tlte provisious of this agt'eement.
Elcctronic Signatures and Notices.
The execution of this Escrorv Agreement, and any other notice required or petrnitted under this Escrow Agreeurent^ tnal' be
givcn and transmitted b),electronic means (including ernail, facsimile, or similar transtnission) and shall be deerned cffcctive
for all purposes. Documents rvith or-iginal signatures are not required. If original sisnahrres are requiled by any party, this
request nust be lnadc prior to execution of this Escrow AgTeement or any other notice, to ensulc compliancc \ryith the request.
10.
12.
13.
F'orm 13575 )22013 ea. sDec. inst. odt {228943231
9.
Exhibit "A"
to
Escrow Agreement
This document is an addendum ("Addendum") to that certain escrow agreement under Land Title
Guaranty Company Escrow Account No. 519857 ("Escrow Agreement") entered into between
and among Blue Heron Properties LLC ("Blue Heron Properties") the Board of County
Commissioners for Garfield County, Colorado ("BOCC") and Land Title Guaranty Company
("Escrow Holder"). This Addendum is incorporated in the Escrow Agreement by reference as if
set out in full.
Introduction
Blue Heron Properties and the BOCC are parties to that certain Subdivision lmprovements
Agreement dated and recorded in the public records of Garfield County,
Colorado under Reception No.(the "SIA").
Section 3, of the SIA requires that Blue Heron Properties provide security for the construction
and completion of certain public improvements located within the Phase III of the Ironbridge
Planned Unit Development.
The amount of the security ir S_ (the "Escrow Deposit"), which is an amount equal to
the Cost Estimate as defined in Section 3(a) of the SIA.
Blue Heron Properties and the BOCC have agreed that the delivery of the Escrow Deposit to the
custody of the Escrow Holder, pursuant to Escrow Agreement and this Addendum, will satisfy
the security requirements under Section 3 of the SIA.
Disbursal Instructions and Miscellaneous Provisions
Section 1.01 Disbursal of Escrow Deposit.
In accordance with the above, Blue Heron Properties and the BOCC instruct the Escrow Holder
to disburse all remaining or any authorized portion of the Escrow Deposit as follows:
To Blue Heron Properties: Escrow Holder shall disburse the sum set forth on any
"Written Request for Partial (or Final) Release of Security presented by Blue Heron
Properties" as provided in Section 3(e) and Exhibit D of the SIA that is stamped,
certified, or otherwise authorized by the BOCC or its duly authorized officer or
representative.
To the BOCC: Escrow Holder shall disburse the balance of the Escrow Deposit, together
with all accrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved
written resolution of the BOCC confirming that the BOCC has determined Blue Heron
Properties to be in default under the SIA. Such determination shall be made at a duly
noticed public meeting for which Blue Heron Properties will be provided l4 calendar
days advanced written notice. Notice provided in conformance with the SIA will be
deemed sufficient for the purposes of this provision.
Section 1.02 Miscellaneous Provisions.
Blue Heron Properties waives any and all claims against the BOCC, its officers, employees,
agents and contractors on account of each of their good faith performance of their obligations
under the Escrow Agreement and this Addendum. Blue Heron Properties shall defend, indemnify
and hold harmless the BOCC, its officers, employees, agents and contractors from and against
any claim made on account of this Escrow Agreement.
The procedures set forth in this Addendum are intended to govern the manner in which Escrow
Deposit funds are to be disbursed to Blue Heron Properties, or, as the case may be, the BOCC.
This Addendum does not affect, in any respect, the manner or conduct of inspections to be
performed by the personnel of Garfield County with respect to the public improvements, all as
further provided in the SIA.
The parties intend that the Escrow Agreement and this Addendum satisfy the requirement of "a
form of security deemed adequate" under Seciton 3(a) of the SIA. In any event, as between Blue
Heron Properties and the BOCC, the provisions of the Escrow Agreement and this Addendum
are to be interpreted in a manner consistent with the SlA, which, with respect to Blue Heron
Properties and the BOCC, will control over the Escrow Agreement and this Addendum with
respect to any provisions that are in conflict.
{< * *End of Addendum* x {<
GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
IRONBRJDGE PHASE III, FILING 1 REVEGETATION
Owner: Blue Heron Properties, LLC
THIS 2OI5 GARFIELD COUNTY TREASURER'S DEPOSIT ACREEMENT
IRONBRIDGE PHASE III, FILING I REVEGETATION ("Deposit Agreement") is entered into
by and between the Garfield County Board of County Commissioners ("BOCC" or "beneficiary"),
the Garfield County Treasurer, Karly Bagley ("Treasurer"), and Blue Heron Propefties, LLC
("Owner").
Recitals
The BOCC approved the Owner's
Filing I for the IRONBRIDGE PHASE III,
Application for a Final Plat of Ironbridge Phase III,
FILING I REVEGETATION pursuant to the final plat
recorded at Reception Number in the records of Garfield County.
The Final Plat of Ironbridge Phase III, Filing I requires provision of "Security for
Revegetation" and Owner wishes to deposit good funds for such security.
The BOCC is willing to allow Owner's use of a Garfield County Treasurer's Deposit
Agreement as such financial assurance.
The Treasurer is willing and able to hold such funds in accordance with the Treasurer's
statutory duties outlined in C.R.S. $$ 30-10-701, et seq. and 30-l-102, as amended.
Agreement
NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as
follows:
l. Ironbridse Phase III. Filing I Revesetation Treasurer's Account. Ow
deposit with the Treasurer the sum of Thim), Thousand Dollars ($30,000.00) to secure
revegetation as required in the Final Plat of Ironbridge Phase III, Filing l. In consideration of the
service fee payable to the Treasurer, identified in Paragraph2, below, the Treasurer shall place the
funds in an interest bearing account and disburse funds there from in accordance with the terms of
this Deposit Agreement. Such account shall be known as the "lronbridge Phase III, Filing I
Revegetation Treasurer's Account" and shall be subject to the terms and conditions of this Deposit
Agreement.
2. Treasurer's Service Fee. The Treasurer's service fee shall be, in accordance with
C.R.S. S 30-1-102(l)(c), as amended, one percent (1.0%) of the deposited funds, i.e., Three
Hundred Dollars ($300.00). The service fee covers administrative costs incurred by the Treasurer
in distributing and accounting for the Ironbridge Phase III, Filing I Revegetation Revegetation
Treasurer's Account. Such fee shall be paid by Owner in cash or by check made payable to the
Garfield County Treasurer, as identified in the "Receipt" section of this Deposit Agreement (page
5), on orbefore the date of execution of this Deposit Agreement. The service fee is deemed to be
earned by the Treasurer upon execution of this Deposit Agreement. Interest earned on the
Ironbridge Phase III, Filing 1 Revegetation Treasurer's Account shall be paid to Owner as part of
the single disbursement detailed in Paragraph 3, below. The Treasurer shall thereafter provide to
Owner a repofi of interest earned, as required by state and federal tax law. Owner shall provide a
completed Form W-9 to the Treasurer at the time the deposit is made.
3. Disbursement Procedure. Disbursement from the Ironbridge Phase III, Filing I
Revegetation Treasurer's Account shall be made by the Treasurer upon the written direction of the
BOCC, as follows:
a. Request for Review and Approval. Upon complying with the two-year
revegetation requirement, Owner shall obtain written approval from the Garfield County
Vegetation Management Deparlment of the required revegetation work.
b. Deficiencies. If the Carfield County Vegetation Management Department
refuses approval of the success of revegetation, the Garfield County Vegetation
Management Department shall provide written notice of deficiency in substantial
compliance with the provisions of the Final Plat of Ironbridge Phase III, Filing I and
Owner shall correct the identified deficiencies.
c. Sinsle Request for Disbursement. This Deposit Agreement does not
provide for successive partial releases or disbursements from the Ironbridge Phase III,
Filing I Revegetation Revegetation Treasurer's Account. One (l) final disbursement shall
be requested by Owner, upon completion of Revegetation. Owner specifically recognizes
and agrees that partial releases are not allowed.
d. Request for Disbursement/Release. Owner shall request disbursement by
means of a written "Request for Disbursement," addressed to the BOCC and delivered to
the Garfield County Building and Planning Department. The Request for Disbursement
shall be accompanied by an approval statement from the Garfield County Vegetation
Management Department.
e. BOCC's Acknowledement and Direction. Upon review of the submittals
required by Paragraph 3.D., above, if the BOCC approves the statement from the Garfield
County Vegetation Management Department, the BOCC shall issue its "Acknowledgment
of Satisfaction and Direction to Treasurer", in a form substantially similar to that document
attached to and incorporated herein by reference as Exhibit 1.
f. BOCC's Completion of Revegetation. If, in the sole discretion of the
BOCC, the Owner's revegetation success is deemed unsatisfactory within the period of
time defined in Paragraph 4, below, or if the BOCC determines that Owner will not or
cannot complete the revegetation under the Final Plat of Ironbridge Phase III, Filing 1, the
BOCC may withdraw and employ from the Ironbridge Phase III, Filing I Revegetation
Treasurer's Account such funds as may be necessary to carry out the revegetation. If funds
are inadequate, responsibility to complete remaining Revegetation shall be that of the
Owner, not the BOCC. If the BOCC elects to complete the Owner's revegetation work,
expenditure on the effort shall be no more than the principal amount of the Ironbridge
Phase III, Filing I Revegetation Treasurer's Account, plus interest, if interest is due
Owner. If the cost of the revegetation to the BOCC is less than the amount available, the
BOCC shall return the overage to Owner within a reasonable period of time following
completion by the BOCC.
4. Term. The term of this Deposit Agreement shall begin on the date of execution, as
defined below, and end on or before two years following approval of the Final Plat of Ironbridge
Phase III, Filing l. If Owner has failed to complete the Revegetation within this term, all funds
held under this Agreement shall continue to be maintained by the Treasurer until needed for
completion of revegetation by the BOCC under Paragraph 3.f.
5. Waiver. Consent and Indemnity. Owner consents to the disbursement procedure
and other actions authorized and provided for by the terms of this Deposit Agreement. Owner
waives any claim against the BOCC, the Treasurer, their officers, employees, agents, and
contractors, on account of each of their good faith perfonnance of their obligations under this
Deposit Agreement. Owner shall defend, indemnify and hold harmless the BOCC, the Treasurer,
their officers, employees, agents, and contractors from and against any claim made on account of
this Deposit Agreement.
6. Indemnification of Treasurer. Owner and the BOCC each shall mutually defend
indemnify and hold the Treasurer harmless from any claim made. Owner and the BOCC each
waive any claim against the Treasurer involving this Deposit Agreement, unless such claim is
premised upon the wanton and willful misconduct of the Treasurer.
7. Bindine Effect. This Deposit Agreement shall be binding on the successors and
assigns of all parties and shallterminate upon final disbursement of funds held by the Treasurer in
the Ironbridge Phase III, Filing I Revegetation Treasurer's Account.
8. Immunity. Nothing contained in this Deposit Agreement constitutes a waiver of
governmental immunity applicable to the BOCC under Colorado law.
9. No Asencv. The making and execution of this Deposit Agreement shall not be
deemed to create a paftnership, joint venture, or agency or fiduciary relationship among the
pafties.
10. lntegration. This Deposit Agreement constitutes the entire agreement among the
parties pertaining to the method of deposit and disbursement of the Ironbridge Phase III, Filing I
Revegetation Treasurer's Account. No supplernent, modification or amendment of this Deposit
Agreement, other than changes as to notice information, shall be binding unless executed in
writing in a document of equal formality as this Deposit Agreement.
ll. Notices. Any notice required or permitted by this Deposit Agreement shall be
given in writing and shall be effective upon the date of delivery, orattempted delivery if delivery
is refused. Delivery shall be made in person, or by cenified return receipt requested U.S. Mail or
receipted delivery service to:
If to County: BOCC
c/o Community Development
Attn: Director
108 8th Street, Fourth Floor
Glenwood Springs, CO 81601
Garfi eld County Treasurer
Karly Bagley
8th Street, Suite 204
Glenwood Springs, CO 81601
If to Owner: Blue Heron Proper.ties, LLC
430 Ironbridge Drive
Glenwood Springs, CO 81601
(970)384-3e86
Changes in address, phone number and identity of contact person(s) shall be made in
writing, and may be made without formal amendment of this Deposit Agreement.
WHEREFORE, the parties have caused this Deposit Agreement to be effective on the date
of execution by the BOCC, as beneficiary, noted below.
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERSATTEST: OF GARFIELD COUNTY. COLORADO
By:
Clerk to the Board
Date:
Chairman
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
Karla Bagley
Date:
By:
DEPOSITOR/OWNER:
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, CLM Blue Heron,LLC, a
Colorado limited liability company
STATE OF COLORADO
COUNTY OF GARFIELD
Check No.
Cash
The foregoing instrument was acknowledged before me this [b Ou, of
UbA,"- 2015, by Blue Heron Properties, LLC by its Manager, CLM Blue Heron,
LLC, by its Manager, James W. Light. Witness my hand a4d official seal.
My commission expires:
"--[ora-nv pUeutc
STATEOFCOLORAPO
NOTARY lD 20114903802-
i,lY EXPIRES JAN. 2',2019
RECEIPT
;or
Form W-9:
Received
By:
Print Name:
Title:
Office of the Treasurer
Date:
W. Light, its Ma
Form 1099 shall be sent to:
EXHIBIT 1
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
Recitals
l. Blue Heron Propefties, LLC, a Colorado limited Iiability company, entered into a
2015 Garfield County Treasurer's Deposit Agreement with the Board of County Commissioners
of Garfield County, Colorado ("BOCC') and the Treasurer of Garfield County, Colorado
("Treasurer") dated and recorded on as Reception Number
Clerk and Recorder (of the Real Estate Records of the Garfield County
"Deposit Agreement").
2. Blue Heron Properties, LLC, has presented certification to
licensed engineer that construction of Improvements is final and/or written
Garfield County Vegetation Manager that revegetation is successful related
the Ironbridge Phase III, Filing l.
Acknowledgment
the BOCC from a
approval from the
to the Final Plat of
NOW THEREFORE, at the request of Blue
of the premises and the prior agreements contained
L acknowledges full satisfaction of the
Ironbridge Phase III, Filing l;
2. authorizes disbursement of funds
Treasurer's Account in the amount of $
3. authorizes and
Account to
ATTEST:
Heron Properties, LLC, and in consideration
in the Deposit Agreement the BOCC hereby:
I security requirements of the Final Plat of the
from the Ironbridge Phase III, Filing 1
resulting in a remaining balance of $ -0- ;
directs the Treasurer to release the funds held in the Treasurer's
, an authorized representative of Blue Heron Properties, LLC.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY. COLORADO
John Martin, Chairman
Date:
By:
Clerk to the Board
Applicant:
REVEGETATION BOND
Blue Heron Properties, LLC
Mailing Address: 430 lronbridge Drive
Glenwood Springs, CO 81601
Phone:
Planning File #:
Bond #:
970-384-0630
Amount Effect Date:
Bond Company:
Description of Project:Phase lll, Filing 1 of the lronbridge Subdivision. 12 acres of disturbance area
within the project boundaries will be required to be re-vegetated to Garfield County standards. Projected
cost of re-vegetation $2,500 per acre, $30,000 for the project area.
Bond Returned Upon Release to:
IRONBRIDGE SUBDIVISION
AFFORDABLE HOUSING AGREEMENT
PHASE III _ IRONBRIDGE PUD
THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement") for Phase III of the
Ironbridge PUD is entered into and shall be effective as of the
-
day of ,2075,
by and berween BLUE HERON PROPERTIES, LLC, a Colorado limited liability company
("BHP") and the COUNTY OF GARFIELD, COLORADO ("the County").
WHEREAS, BHP has filed a Final Plat Application for the Ironbridge PUD, Phase III,
Filing l; and
WHEREAS, the Board of County Commissioners at its meeting on
approved the Final Plat Application; and
,2015
WHEREAS, as a condition of the Final Plat approval BHP is required to enter into an
Affordable Housing Agreement with Garfield County for the completion of affordable housing
in the Ironbridge PUD Phase III, Filing l.
l. Except as modified herein, the terms and conditions of the Affordable Housing
Plan attached as Exhibit I shall control as to the provision of affordable housing within Phase
Ill, Filing 1.
2. BHP is required to provide the equivalent of ten percent (10%) of the free market
housing in Phase III, Filing I as deed-restricted affordable housing as a component of the
affordable housing plan attached hereto as Exhibit I and incorporated herein. BHP has
designated six (6) lots within Phase III, Filing I for affordable housing.
3. BHP shall on or before the issuance of every tenth (lOth; building permit for
construction within Phase III, Filing 1, have made available for sale an affordable housing unit in
Phase III, Filing l, or shall have escrowed $150,000 to be used for the completion of said
affordable housing unit. The Escrow Agreement shall be in substantially the same form as that
used for the Phase II Affordable Housing for the Ironbridge PUD, a copy of which is attached
hereto as Exhibit 2.
4. Affordable Units shall be priced in three categories as follows:
a. Category 1 - priced at70%o of AMI, sold to 80% AMI households.
b. Category 2 - priced at90%o of AMl, sold to 100% AMI households.
c. Category 3 - priced at 110%o of AMl, sold to 120% AMI households.
5. Any modifications to the Affordable Housing Agreement shall only be made upon
approval ofthe Board of County Commissioners.
6. ENTIRE AGREEMENT. This Agreement, along with any addendums and
attachments hereto, constitutes the entire agreement between the parties. The provisions of this
Agreement may be amended at any time by the mutual consent of both parties. The parties shall
not be bound by any other agreernents, either written or oral, except as set forth in this
Agreement.
7. GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws of the State of Colorado, and venue shall be in the County of Garfield, State of Colorado.
8. GOVERNMENTAL IMMUNITY ACT. No tem or condition of thiS
Agreement shall be construed or interpreted as a waiver. express or implied, of any of the
immunities, rights, benefits, protections, or other provisions of the Colorado Governmental
Immunity Act, C.R.S. $$ 24-10-101, et seq.
9. ASSIGNABILITY. Neither party shall not assign this Agreement without prior
written consent of the other party.
10. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective heirs, personal representatives, successors,
and assigns.
11. SURVML CLAUSE. The "lndemnification" provision set forth in this
Agreement shall survive the completion of the Services and the satisfaction, expiration, or
termination of this Agreement.
12. SEVERABILITY. In the event a courl of competent jurisdiction holds any
provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
13. HEADINGS. Paragraph headings used in this Agreement are for convenience of
reference and shall in no way control or affect the meaning or interpretation of any provision of
this Agreement.
14. NOTICES. Written notices required under this Agreement and all other
correspondence between the parties shall be directed to the following and shall be deemed
received when hand-delivered or three (3) days after being sent by certified mail, retum receipt
requested:
If to BHP:Blue Heron Proper-ties, LLC
430 Ironbridge Drive
Glenwood Springs, CO 81601
BOCC
c/o Community Development
Attn: Director
108 8th Street, Fourth Floor
Glenwood Springs, CO 81601
Garfield County Housing Authority
1430 Railroad Ave
Rifle, CO 81650
If to County:
15. AUTHORITY. Each person signing this Agreernent, and any addendums or
attachments hereto, represents and warrants that said person is fully authorized to enter into and
execute this Agreement and to bind the party it represents to the terms and conditions hereof.
IN WITNESS WHEREOF, the parties have executed this Professional Services
Agreement as of the date first above written.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Clerk to the Board John Martin, Chairman
Date:
BLUE HERON PROPERTIES, LLC, A
COI,ORADO LIMITED LIABILITY COMPANY
By its Manager, CLM BIue Heron rLLC,, a
Colorado limited liability company
By:
Jam
STATE OF COLORADO
COUNTY OF GARFIELD
By:
The foregoing instrument was acknowledged
z/ b-U.{- ,2015, by Blue Heron Properlies, LLC
before me this [tlou, of
by its Manager, CLM Blue l{eron,
LLC by its Manager, James W. Light. Witness my hand official seal.
My commission expires , t( Z4lUXct
iELIQUE PETTERSOT{
NOTARY PUBLIC
STATE OFCOLORADO
NOTARY tD 20114003802
MYCOMMISSION EXPIRES JAN. 24. 2019
EXHIBIT 1
IRONBRIDGE SUBDIVISION PHASE III AFFORDABLE HOUSING
l. LOCATION. Phase III of the Ironbridge PUD was approved for either onsite or
offsite affordable housing pursuant to Resolution200S-42. At this time the Owner is designating
six (6) lots in Phase III, Filing I for affordable housing for all of Phase III including the future
Filing 2. Lots designated are 29, 42, 58, 59, 60 and 6l .
NUMBER AND MIX OF UNITS.
Free Market Lots: Sixty-one (61) (including both Phase III, Filing I and2)
Affordable units (8-301.A): Six (6)
Minimum bedrooms required (8-301.B):6x2.6:15.6
I 5.6 + I .5 = 10.4 (rounded up to I I )
Mix of Units: Detached or attached two (2) or three (3) bedroom Units with a
total of eleven (l I ) bedrooms.
2. SCHEDULE FOR CONSTRUCTION. Timing is controlled by the LUDC and
is anticipated to coincide with Building Permit issuance unless security is provided to ensure
completion. Owner will comply with to Resolution 2008-42, which requires construction of
affordable units equal to l\Yo of the unrestricted units which have been sold, or made available
for sale.
3. UNITS BY CATEGORY. Six (6) detached or attached two (2) or three (3)
bedroom units with a minimum square footage of 950 sq. ft. Lot size will be as shown on the
Phase III, Filing I Final Plat.
4. PROPOSED HOA DUES. HOA fees will be based on the Garfield Housing
Authority Guidelines and may vary based on the category of housing. In no event shall dues
exceed 75%o of market rate.
5. FORM OF DEED RESTRICTION. The then current County approved form of
deed restriction will be used atthetime of sale of the affordable housing units.
6. FINANCIAL SECRUITY. The form of SIA provided by the County Attorney
includes Security for affordable housing. The Owner proposes that the financial security
associated with the affordable units be separate from the SIA and attached to the final Affordable
Housing Agreement as approved by the BOCC.
7. OFFSITE AFFORDABLE HOUSING. The Ironbridge Phase III Preliminary
Plan approved either onsite or offsite affordable housing for this Phase pursuant to Resolution
2OO4-20. Currently there are twenty-four (24) Units constructed and occupied in the Ironbridge
PUD making it one of the largest single contributors of affordable housing in Garfield County
Planning Area l. As noted in I above onsite lots are being designated for affordable housing.
8. COMPLIANCE WITH AFFORDABLE HOUSING GUIDELINES. OwnCT
intends to fully comply with the Garfield County Housing Authority Guidelines. Owner has
worked closely with GCHA on Phase II affordable unit sales and is familiar with the regulations
and process.
Escrow Agreement
Escrow Number:CIoser:Date:
The undersigled deposit with Land Title Guarantee
items set forlh in Schedule A, to be held by Escrow
the Escrow Agreement and the Speciai Instructions
Company, a Colorado Corporation, as Escrow Holdei- (the "Escrow Holder"), the
Holder subject to the terms of this Escrow Agreement, the General Provisions to
in Schedule B (collectiveiy, the "Escrow Agreemeot").
Buyer,{B o rrower(s) :
(if applicable)
i
L]r-l
f-
:_
L]
J(j
l-Xl ,qI cash deposits mustbe accdmpanied by a Fonn W-9 Request for Taxpayer identification Nutnber.
"Schedule A"
(Deposits)
__ , from
"Schedule B"
(Special Inskuctions)
Special Instruction No. I (Repair) Attached
Special Inshuction No. 1a (Cornpletion) Attached
Special Instruction No. 2 (Lender Cornpletion Iustructions) Attached
Special Instruction No. 3 (Indeinnity Agreement - Cash Deposit) Attached
Special Instruction No. 4 (Depository Instnrctious) Attached
Special lnsfi'uction No. 5 (F.I.R.P.T A)
Special Instruction No. 6 @esolution of Miscellaneous Issues)
A11 others (See attacired Exhibit "A")
The parties to the Escrow Agreement, by their siqature below, acknowledge and agree that they have read. and will be borurd by the
Escrtw Agreement, including the General provisions to tle Escrow A-s'reemert, and the Special Instructions in Schedule B.
Seller(s):
(if applicacle)
Fom,l3575 12i2013 ea.spec.insroCt {27894323)r
By
Address:
Phone #:
Fax #:
Email:
Contact:
Lender:
(If applicable)
Address:
Phone #:
Contact:
Any correspondcucc regarding this cscrow shall be
addressed to:
[ and Title Guarantee CompanY
5975 Greenn,ood Plaza Bl'r'd.
Greenwood Vitlage, Colorado 801lI
Attn: Escrorv Coordinator
Phone: 303-321-1880
Fax: 303-399-8193
Address:
Phone #:
Fax #:
Email:
Contact:
Escrow Fees to be as Follows:
(a) Set up fee:
(b) Miscellancous:
Note: After the issuance of four (4) checks. a fee of $1t1.00 per
check rvill be made for each additional check.
Receipt of the Escrou, Deposir and acceptance of thc Escrorv
Agr-eement hereby acknotvledged br,:
I-and Title Guarantee Compan-v- - Escrorv Holdcr
By
Form 13575 122013 ea.spec. inst.odt i22894323|
t.
Land Title Guarantee ComPattY
General Provisions to the Escrorv Agreernent
lnitia ls
Initials
Notices.
AnS,notices required or permitted to Lre given under the Escrow Agreeurent shall have been deemed to have been served:
i. one business day after the notice is hand delivered u'itlr ploofofreceipt by the addressce, or
ii. 6ne business day after transmission b,v facsirnile evidencing coutrnation of receipt by lhe receiving facsilnile
machine, or
iii. one busiuess ilay after tlansmission b1, email evidencing confimation of receipt b1' the receiving email address, or
iv. if repqtabie ovemight courier (such as Llnited Parcel Service or Federal Express) is used, on the imlrediately
foilowing business da,v after notice is sent lor ovemight delivery. or
v. if the United States Mail is used, on the third business da,v after the notice is deposited in the United States Mail,
postage prepaid:
Provided in eaclr case such notice is addressed to the parties at the addresses -given on the first page ofthis Escrow Agreernent.
Reliance on Notice.
Escrou, Hoider ma-y act in reliance upon any rvriting or irstrument or signatute which Escrou' Ilolder, in good laith, believes to
be genuine, and may assulne the validity and accurac5, oi any statement or asserlion cotitained in such a lvriting or instrumcnt,
u,rd,ruy assulne that anv person purpotting to give any u.riting, notice, advice or iltsttuction in cotruection rvith the plovisions
hcrcofhas been duly authoriz-ed so to do.
Laws Relating to Unclaimed Funds.
Se1ler and Buyer arc hereby adviscd that unclairncd funds may bc payablc to thc Statc at some furure date pursuant to
tunclairned properry- laws, and sirould Escrow Holder pay auy such funds held in the Escrorv Deposit. Escrow Holder shall be
release fr.om all fiithcr responsibility mdcr thc Escrow Agrccmcnt and shall not bc liablc to any Partl' so long as suclr pavment
u,as made pursuant to appLicable larv.
Escrow Deposit and Interest [arned on Escrow Deposit.
a. Upon receipt of rvritten dii'ection of the parlies along rvith a completed \ /-9 any money cotnprising the Escrorv Deposit
q,ill be ilvested in an interest bearing account.
b. Deposits of $ 100,000.00 or more n.ray be directed b), the parties hereto to other [,pes of investments. or the Escrorv
Holder may iuvest the Escrow Deposit in Repurchase Agreeurents for U.S. Treasutl obligations or other Federal agency
issued securities.
c. Escrou, Holder shall not be responsible for maxirnizing the yield oD the Escrow Deposit. Under no circumstances shall
Escroq, Holcler be liable for loss of funds due to bank or other Lrstitution failure, including emplol'ees or agents thereof.
suspensiol or cessation of business, or any action or inaction on the part ofthe bank or other institution. or any delivery
service h'ansporting funds to and liom the institution.
d. AII parties hereto shall execute and deliver to Escrorv Holder all forms required by federal. state or other govelnmental
agcncics relative to taxation matters and Escrow Holder wiil file apprttpriate I099 or othcr rcquired forrns.
Fees and Expenses of Escrorv Holder.
a. The Escrorv Holder shaIl be entitled to leimbursement in full. or ma-y demand paylllent in advance. for all costs.
expenses, charges. fees or other pa),ments rnade or to be tnade by Escrow Hctlder in the perfomance of Escrow Holder's
duties and obligations uader the Escrorv Agreement-
tr. The parties to the Escrorv Agreement are jointl1, and severally liable for the pa1'rnent to Escrorv Holder of all fees and
expenses. Escrorv Holder is lrereby authorized and directed to reimburse to itself in pa]rnent of ttes or erpenses frorn
an.v funds in the Escrou, Deposit, v,hether from principal or interest or both, at any time, and fiorr time to tirne, as tlre
sarne may be due and owing.
c. Escrow Holdel is hereby authorized to rvithhold any fees or expenses fi'om any disbttrsement or distribution ofEscrorv
Deposit to any Par$.' hereto or to the Clerk of the Court upon illterpleader.
d. ln the event that tlie Escrow Deposit shall consist of docuu'lents only and not fr41ds, Escrorv Holder may refuse to' dish-ibute any such doculnet'rts or to otheru,,ise act urder tiris A-qreement until all acct'ued but unpaid fees and expcnses
have been paid in full
nn 13575 122011 ea.spec.insr.odt 122891323j
Non-liabilitl' of Escrolv Holder.
a. Escrou,Holder shall not be liable for anl,mistakes olfact. or en'ors ofjudgrnent or for any acts ot'otnissions of any kind
unless caused b1,'the u,iliful misconduct or gross negligence of Escrow Holder-
Escrow Holder shall not be liable for any taxes, assessnients or other goveflmtental charges which may be levied or
assessed upon the Escro'uv Deposit or any part thereoi or upon the income therefrom,
Escrow Hoider may rel)r upon the advice ofcounsel and upon statements ofaccountants, brokers or otherper-sons
reasonably believed by it in eood faith to be expelt in the matters upon rvhich they are consulted, and for an-v- reasonaLrle
action taken or suffered in good faith based upon such advice or statements.
Indemnit5' of Escrolv Holder.
The Seller and Buyer jointlt' and severally', a-sree to:
i. indenuifi, Escrow Holder for. and hold it hanuless against an1' and all liability incured by the Escroiv t{older by
reason of tiris Escrou,Asreeme[t. or il connection with Escrow.Agent's pertbrtttancc of its dutics hereundet except
for Escrorv Holder's ou'n \,illful misconduct or gross negligence, and
ii. reimburse Esclow Holder for all its expenses. including, but nrx ncccssarih' lirnited to, aftorncvs' fees and court
costs incurred pursuant to this Escrow Agreement.
Request for Written Instructious.
a. Escrorv Holder lnay at an)/ time. and fi'om time to time, request tire Seller and Buyer to provide written insfl'uctions
concerning the plopriety of a proposed paytnent of the Esclou, Deposit" distribution of documents, or other action or
refusal to act b1'Escrorv Holder.
Should the Sel1er and Buyer fail to provide such wriften instructions u,itliin a reasonable time. Escrow Holder rnay take
such action, or refirse to acr, as it rnay'deem appropriate and shall not be liable to anyone for such action or refusal to act
Notwithstanding the foregoing, should tlre tenrrs of the Escros, Agreement be complied rvith, in the judgrnent of Escrou'
Holder, then the Escrow Holdermay disburse an1,funds, distribute documents. ortake such action u'ithout specific
further ra,r'i tten instructious fi^om any Party
Disputes and Interpleader.
In the event ofany dispute between the Parties as to either lau,or fact, or in the eveltt any ofthe parties hereto fail, ibr
any reason. to fully rcccipt and acquit tirc Escrou,Holder in u'riting. Flscrolv Holder rnay rcfuse, in its discretion, to can)'
out said escrow instructions or to deliver any funds. documents. ol'propetty, in its hand to an),one and il so doing shall
not becoure liable to demand.
Escrow Holder shall be entitled to continue, without liability, to refrain and t'efuse to act:
i. until all the rights ofthe adversc claimants havc bccn finally adjudicated b1'a court havingjurisdiction over the
Parties and the items affected heleby, after u-hich time the Escrorv Holder shall be entitled to act in conformiry* rvith
such adjudication; or
ii. until all differences shall have been adiusted by agreement and Escro\\' Holder shall have been notified thereof and
shall have been directed in writing sigried jointty or in counterpart by the panies and all persons making adverse
claims or demand, at which tinre Escrow Holder shall be protected in acting irt compliance thereu'ith.
c. Escrow Holder also has the right to interplead into a court ofcornpetentjurisdiction at the expense ofthe Parties.
Resignation of E.scror,' Holdcr.
a. Escrorv llolder ma-v resign under this Agreentent by giving u.ritten notice to all of the parlies hereto, effective 30 days
after the datc ofsaid notice.
b. Upon the appointment by the parlies of a new escrow holder or custodian, ot upon written insttuctions to Escrow Holder
for othcr disposition of the Escrow Deposit, Escrorv Holder shal1. after retention of its accrucd cscrow fces and expcnses,
ifany, shall deliver the Escrou, Deposit u,ithiu a reasonable period oftime as so dilected, and shall be relieved ofany and
all liability hereunder arisinq thereafter.
Applicabte Law.
This Agreernent shall be governed by the lau's of the State of Colorado.
CounterpartsiThird Party Beneficiaries'
fhis Escrorv Agr eement ma)r be executed in any number of counterparts, each of u,hich rvhen so executed sirall constifute the
entire agt'eement between the Seller and Bu,ver. The Seller and Buver acknorvledge aud agree that there ate not intended or
unintended third part'y beneficiaries who may relv upon or benefit from the provisions of this ag,t'eenrent.
Elcctronic Signatures and Notices.
The execution of this Escrorv Agreement, and anv., other notice required or permitted under this Escrow Agreetnent, rnay be
given a1d ffausmitted by eJectronic means (including ernail, facsimile, or similar transrnission) and shall be deemed cffcctive
for all purposes. Documents rvith oliginal signatures are not required. if original signatures are requiled b1' any party, this
request must bc madc pr-ior to erccution of this Escrow Agreement or any other notice, to ensule cornpliancc with the request.
a.
10.
13.
F'orm13575 12i2013, ea.spec.instodt {22894323t
12.
t l.
Exhibit A
Affordable Housing Escrow Agreement
This Escrow Agreement is entered into by and between Blue Heron Propefties LLC
("BHP") and the Board of County Commissioners for Garfield County, Colorado ("BOCC") and
Escrow Holder for the purpose of securing the completion of construction of deed restricted
affordable housing units ("Affordable Units"), as defined under Section 4.14 of the Garfield
County Zoning Resolution of 1978, as amended, within honbridge Planned Unit Development,
Phase II and Phase III, all in accordance with BOCC Resolution No. 2004-20 ("PUD Approval"),
which provides in relevant part:
In order to ensure that affordable dwelling units are made available for sale in a
manner corresponding to the development of non-restricted lots within the first
subdivision phase and all subsequent phases of the Ironbridge PUD, Applicant
shall be required at all times and until construction of the entire 30 affordable
dwelling units is complete, to have constructed and sold or constructed and [sic]
available for sale, affordable dwelling units in a number equal to 100% of the
total number of unrestricted units which have at that time been sold or made
available for sale. If at any time, this percentage falls below that required l0o ,
Applicant shall be required for each such deficient affordable dwelling unit, to
place $150,000 into an escrow account in favor of the Board or to provide such
other security in lieu thereof as may be acceptable to the Board, which funds or
security the Board will then apply toward the construction of the affordable
dwelling unit.
In accordance with the above, Escrow Holder is instructed to disburse the funds deposited
hereunder ("Escrow Deposit"), as follows:
To BHP
Escrow Holder shall disburse the sum of $37,500.00 to BHP upon Escrow Holder's
receipt of written confirmation that as to each Affordable Unit the following stage of
construction inspection has been satisfactorily completed:
Footing and Foundation Wall;
Plumbing, Chimney and Vent and gas piping;
Framing and Insulation and Drywall;
Certificate of Occupancy (Temporary or Final)
Said sum shall be disbursed for each such Affordable Unit at the completion of each
identified stage of construction inspection hereinabove identified. Written confirmation shall be
made utilizing the standard construction inspection process under the current Garfield County
Building Code employed by the Garfield County Building Department and shall be signed by the
Garfield County Planning Director or his or her designee. All interest on the Escrow Deposit
l.
2.
3.
4.
accrued during the term of this Escrow Agreement shall be disbursed to BHP upon confirmation
of completion of the last required Affordable LJnit.
The procedures set forth hereinabove are intended to govern the manner in which the
Escrow Deposit are disbursed to BHP and shall not affect in any respect the manner or conduct
of inspections to be performed by the Office of the Garfield County Building Inspector.
To the BOCC
Escrow Holder shall disburse the balance of the Escrow Deposit, together with all
accrued interest, to the BOCC upon E,scrow Holder's receipt of a duly approved written
resolution of the BOCC confirming that the BOCC has detennined BHP to be in default under
the PUD Approval. Such determination shall be made at a duly noticed public meeting for
which BHP has been provided two weeks advanced written notice.
BHP hereby waives any and all claims against the BOCC, its officers, employees, agents
and contractors on account of each of their good faith performance of their obligations under this
Escrow Agreement. BHP shall defend, indemnify and hold harmless the BOCC, its officers,
employees, agents and contractors from and against any claim made on account of this Escrow
Agreement
DECLARATION OF DEED RESTRICTION AND AGREEMENT CONCERNING THE SALE,
OCCUPANCY AND RESALE OF PROPERTY DESCRIBED AS LOTS 29,42,58, 59,60 ANd 61,
IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE,III, GARFIELD COUNTY, COLORADO
THIS DECLARATION OF DEED RESTRICTION AND AGREEMENT
CONCERNING THE SALE, OCCUPANCY AND RESALE OF PROPERTY dCSCTibCd AS LOIS
29,42,58, 59,60 and 61, Ironbridge Planned Unit Development, Phase lll, Garfield County,
Colorado ("Agreement") is made and entered into this _ day of
-
, 20-, by Blue
Heron Properties, LLC, a Colorado limited liability company, (the "Declarant"), for the benefit
of the parties and enforceable by the Garfield County Housing Authority ("GCHA"), a duly
constituted housing authority established pursuant to Colorado law, its successor or agent, and
the Board of County Commissioners of Garfield County, Colorado (the "Governmental Entity").
RECITALS AND DEFINITIONS
Declarant is the owner of and is in the process of developing and either platting or
condominiumizing a residential community known as Ironbridge Planned Unit
Development Phase III, Filing I ("Ironbridge"), Garfield County, Colorado; and
Declarant desires to set aside six (6) Units within Ironbridge, for the purpose of providing
affordable housing for persons employed or residing full time in Garfield County,
Colorado (the "County"), which Units are identified as Lots 29, 42,58, 59, 60 and 6l
Ironbridge Planned Unit Development, Phase III, according to the Final Plat therefore
recorded in the records of the Clerk and Recorder, for Garfield County, Colorado on
as Reception No. For the purposes of this Declaration and
Agreement, such real property and all dwelling, appurtenances, improvements, and
fixtures associated therewith shall be referred to herein individually as a Unit or
collectively as Units or Property; and
C. After completion of construction, each Unit, together with fixtures, equipment and
appufienances thereto, shall be conveyed to "Qualified Buyers" as defined below; and
D. The Garfield County Affordable Housing Guidelines adopted by the Governmental Entity
as part of the Garf,reld County ZoningCode and Subdivision Regulations shall constitute
the Affordable Housing Guidelines ("Guidelines") referred to throughout this document;
and
E. GCHA is a duly constituted Housing Authority established pursuant to Colorado law, and
the Governmental Entity is a statutory county established pursuant to Colorado law, both
of which have rights to enforce this Agreement as set forth herein; and
F. The term "Qualified Buyers", as used herein, are natural persons meeting the income,
residency and all other qualification contained in the Govemmental Entity's Guidelines,
as amended, who must represent and agree pursuant to this Agreement to occupy the Unit
as their sole place of residence, not engage in any business activity within the Unit other
than that permitted in that zone district or by applicable ordinance, and not sell or
otherwise transfer the Unit for use in a trade or business; and
A.
B.
G. The term "Owner", as used herein shall mean the person(s), other than a Non-Qualified
Transferee as defined in Section 4, who acquires an ownership interest in a Unit in
compliance with the terms and provisions of this Agreement, it being understood that
such person(s) shall be deemed an "Owner" hereunder only during the period of his, her
or their ownership interest in the Unit and shall be obligated hereunder for the full and
complete performance and observance of all covenants, conditions and restrictions
contained herein during such period.
NOW, THEREFORE, for the value received, the receipt and sufficiency of which is
hereby acknowledged, Declarant hereby declares, covenants, and agrees as follows:
SECTION 1
DECLARATION
1.1 For the purposes set forth herein, Declarant, for itself and its successor and
assigns, hereby declares that the Property, and each Unit within the Property, shall be owned,
held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied,
improved, altered and enjoyed subject to the covenants, conditions, restrictions, privileges,
rights, and other provisions herein set forth, for the duration hereof, and all of which shall run
with the land and be binding upon all Owners, occupants and other persons, including Non-
Qualified Transferees, having or acquiring any right, title or interest in or to the Property or any
Unit thereof, and their respective heirs, personal representatives, successors and assigns and shall
be binding upon and inure to the benefit of the Governmental Entity, and their respective
successor and assigns. All persons who purchase Units shall be Qualified Buyers; as such term
is defined in this Declaration.
1.2 Declarant hereby restricts the acquisition or transfer of the Units to Qualified
Buyers, as that term is defined in this Agreement, who falls within the qualifications established
and adopted by the Governmental Entity from time to time in its Guidelines. In addition,
Declarant agrees that this Agreement shall constitute a resale agreement setting forth the
maximum resale price for which the Units may be sold ("Maximum Resale Price"), the amount
of appreciation, and the terms and provisions controlling the resale of the Units. Declarant
restricts the Property and Units against use and occupancy inconsistent with the terms of this
Agreement.
1.3 By the acceptance of any deed conveying any Unit subject hereto, the grantee of
such deed shall accept all of the terms, conditions, limitations, restrictions and uses contained in
this Agreement. In addition, prior to the delivery of a deed conveying any Unit to a grantee,
such grantee shall execute a Memorandum of Acceptance in the form attached hereto as Exhibit
A, evidencing grantee's acknowledgement and agreement to the terms, conditions, limitations,
restrictions, and uses contained in this Agreement.
1.4 Notwithstanding any provision of this Agreement to the contrary, it is expressly
agreed and acknowledged that the terms, conditions, and restriction of the Agreement with
respect to the use and occupancy of any Unit thereof shall not apply to Declarant during its
ownership thereof following the issuance of a Certificate of Occupancy for the Unit, provided,
however, that the Declarant shall make no transfer of any Unit except to a Qualified Buyer as
defined in this Agreement.
SECTION 2
USE AND OCCUPANCY OF PROPERTYI OWNER RESIDENCY REOUIRED
2.1 Except as otherwise provided herein, the use and occupancy of Unit shall
henceforth be limited exclusively to housing for natural persons who meet the definition of
Qualified Buyer(s) and their families.
2.2 An Owner, in connection with the purchase and ownership of a Unit, must: (a)
occupy the Unit within this Property as his, her or their sole and exclusive place of residence
during the time that such Unit is owned; (b) not engage in any business activity on or in such
Unit, other than as permitted in that zone district and any Declaration of Protective Covenants
affecting the Unit or Units; and (c) satisfy the residency and employment requirements of the
Guidelines; and (d) sell, convey, or otherwise transfer such Unit only in accordance with this
Agreement and the Guidelines.
2.3 In the event an Owner ceases to utilize a Unit as his sole and exclusive place of
residence, the Unit shall be offered for sale pursuant to the provisions of subsection 3.1 of this
Agreement. The Owner shall be deemed to have ceased utilizing the Unit as his sole and
exclusive place of residence by becoming a resident elsewhere or by residing in the Unit for
fewer than nine (9) months per calendar year without the express written approval of the
Governmental Entity or the GCHA. Where the provisions of this subsection 2.3 apply, the
Governmental Entity or the GCHA may require the Owner to rent the Unit in accordance with
the provisions of Section 5.
2.4 If an Owner of a Unit must leave the area as defined in the Guidelines for a
limited period of time, and desires to rent the Unit during such absence, a leave of absence may
be granted by the Governmental Entity or GCHA in accordance with the Guidelines.
SECTION 3
SALE OF UNIT: MAXIMUM RESALE PRICE
3.1 In the event thatan Owner desires to sell his Unit, the Owner shall consult with
the Govemmental Entity or the GCHA to review the requirements of this Agreement, including
the method of determining the Maximum Resale Price. Following approval of the Maximum
Resale Price by the Governmental Entity or the GCHA, the Owner shall list such unit for sale
with the Garfield County Housing Authority, or as otherwise provided in Guidelines or
Guidelines then in effect, for a sales price not exceeding the Maximum Resale Price and in
accordance with the procedures set forth in those Guidelines. The Governmental Entity or the
GCHA shall charge a fee for its services in connection with resale in accordance with the fee
schedule set forth in the Guidelines then in effect. In order to be able to offer the Unit for sale at
the Maximum Resale Price, the Unit must be reasonably clean, all fixtures must be in working
condition and any damage to the Unit beyond normal wear and tear must be repaired. If these
conditions are not satisfied, the Govemmental Entity or GCHA may require that the owner agree
to escrow at closing a reasonable amount to achieve compliance with these requirements or
reduce the Maximum Resale Price accordingly.
3.2 In no event shall a Unit be sold for an amount in excess of the Maximum Resale
Price as determined in accordance with this paragraph. The Maximum Resale Price shall equal
the purchase price for the Unit paid by the Owner selling the Unit divided by the Consumer Price
Index, all items, Denver/Boulder, Urban Wage Earners and Clerical Workers (Revised),
published by the U.S. Department of Labor, Bureau of Labor Statistics ("Consumer Price
Index"), published at the time of Owner's purchase as stated on the settlement sheet, multiplied
by the Consumer Price Index current at the date of intent to sell, plus the cost of Permitted
Capital Improvements as defined on Exhibit B attached hereto and incorporated herein by this
reference (and as limited in paragraph 3.3 hereof). In no event shall the multiplier be less than
one ( I ). For the purposes of this subsection, "date of intent to sell" shall be the date of execution
of a listing contract, or if a listing contract is not used, the date shall be the date when the Unit is
first offered for sale. In no event shall the Maximum Resale Price be more than the Owner's
purchase price, plus an increase of three percent (3%) of such price per year from the date of
purchase to the date of Owner's notice of intent to sell, plus Permitted Capital Improvements.
NOTHING HEREIN SHALL BE CONSTRUE,D TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY THE DECLARANT, THE GCHA OR THE
GOVERNMENTAL ENTITY THAT UPON RESALE THE OWNER SHALL OBTAIN THE
MAXIMUM RESALE PRICE.
3.3 In order to qualify as Permitted Capital Improvements, the Owner must fumish to
the Governmental Entity or the GCHA the following information with respect to the
improvements which the Owner seeks to include in the calculation of Maximum Resale Price:
a. Original or duplicate receipts to verify the actual costs expended by the Owner
for the Permitted Capital Improvements; and
b. Owner's affidavit verifying that the receipts tendered are valid and correct; and
c. True and correct copies of any building permit or certificate of occupancy
required to be issued by the Garfield County or such other governmental entity as
jurisdiction requires, with respect to the Permitted Capital Improvements.
3.4 For the purpose of determining the Maximum Resale Price in accordance with
this Section, the Owner may also add to the amount specified in subsection3.2, the cost of any
permanent improvements constructed or installed as a result of any requirement imposed by any
governmental agency, provided that written certification is provided to the governmental agency
or the GCHA of both the applicable requirement and the information required in subsection 3.3.
3.5 In calculating the costs under subsection 3.2 and 3.3 only the Owner's actual out-
of-pocket costs and expensed shall be eligible for inclusion. Such amount shall not include an
amount attributable to Owner's "sweat equity" or to any appreciation in the value of the
improvements.
3.6 An Owner shall not permit any prospective buyer to assume any or all of the
4
Owner's customary closing costs nor accept any other consideration which would cause an
increase in the purchase price above the bid price so as to induce the Owner to sell to such
prospective buyer.
3.7 Prior to Owner entering into a sales contract for the sale of his Unit to a
prospective buyer, such potential buyer shall be qualified by the Governmental Entity or the
GCHA pursuant to the requirements of the Guidelines then in effect. Documented proof of
qualification shall be provided by the potential buyer, as requested by the GCHA, prior to
purchase. An Owner shall neither enter into a sales contract for the sale of his Unit with any
person other than a Qualified Buyer not any contract which provides for a sales price greater than
the Maximum Resale Price established in accordance with this Section. The Owner must accept
a Maximum Resale Price offer, and offers in excess of the Maximum Resale Price shall be
rejected. Priorto closing, all sales contracts forthe sale of aUnit subjectto this Agreement shall
be submitted to the Governmental Entity of the GCHA for its review and approval of the contract
for consistency with this Agreement.
SECTION 4
NON-Q UALIFIED TRANSFEREE
4.1 In the event that title to a Unit vests in individuals or entities who are not
Qualified Buyers as that term is defined herein, (hereinafter referred to as "Non-Qualified
Transferee(s)"), and such individuals are not approved as Qualified Buyers within thirty (30)
days after obtaining title to the Unit, in the manner described in this Section, the Unit shall
immediately be listed for sale or advertised for sale by the Non-Qualified Transferee(s) in the
same manner as provided for Owners in subsection3.l above; provided such action does not
otherwise conflict with applicable law. The highest bid by a Qualified Buyer, for not less than
ninety-five percent (95%) of the Maximum Resale Price or the appraised market value,
whichever is less, which satishes all obligations under any existing first lien deed of trust or
mortgage, shall be accepted. In all such bids are below the lesser of ninety-five percent (95%) ot
the Maximum Resale Price or the appraised market value, the Unit shall continue to be listed for
sale or advertised for sale by the Non-Qualified Transferee(s) until a bid in accordance with this
subsection is made, which bid must be accepted. The cost of any appraisal shall be paid by the
Non-Qualified Transferee(s). In the event the Non-Qualified Transferee(s) elect tot sell the Unit
without the assistance of a real estate broker or agent, such Non-Qualified Transferee(s) shall
advertise the subject Unit for sale in a manner approved by Governmental Entity or the GCHA
and shall use due diligence and make all reasonable efforts to accomplish the sale of the Unit. In
the event the Governmental Entity or the GCHA finds and determines that such Non-Qualified
Transferee(s) have failed to exercise such due diligence, the Governmental Entity or the GCHA
may require the Non-Qualified Transferee(s) to execute a standard listing contract on forms
approved by the Colorado Real Estate Commission, or is successor, wit a licensed real estate
broker or agent.
a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the
Unit to Qualified Buyer(s) and shall execute any and all documents necessary to effect
such conveyance.
b. Non-Qualified Transferee(s) shall not: (l) occupy the Unit; (2) rent all or any
part of the Unit, except in strict compliance with Section 5 hereofi (3) engage in any
other business activity on or in the UniU (4) sell, convey or otherwise transfer the Unit
except in accordance with this Agreement and the Community Housing Guidelines; or (5)
sell or otherwise transfer the Unit for use in a trade or business.
c. Where the provisions of this subsection 4.1 apply, the Govemmental Entity or
the GCHA may require the Non-Qualified Transferee(s) to rent the Unit in the same
manner as provided for Owners in Section 5, below.
d. Until sale to a Qualified Buyer is effected, Non-Qualified Transferee(s) shall
comply with all obligations of Owners set forth in this Agreement.
Section 5
Rental of Unit
5.1 An Owner may not, except with prior written approval of the Governmental
Entity or the GCHA, and subject to the Governmental Entity or the GCHA's conditions of
approval, rent the Unit. Prior to occupancy, any tenant must be approved by the Governmental
Entity or the GCHA in accordance with the income, occupancy and all other qualifications
established in the Guidelines. The Governmental Entity or the GCHA shall not approve any
rental if such rental is being made by Owner to utilize the Unit as an income producing asset,
except as provide below, and shall not approve a lease with a rental term in excess of twelve (12)
months. A signed copy of the lease must be provided to the Governmental Entity or the GCHA
prior to occupancy by any tenant. The rental amount under any such lease approved by the
Governmental Entity or the GCHA shall be "Owner's cost". "Owner's cost" as used herein,
includes the monthly expenses for the cost of principal and interest payments, taxes, property
insurance, homeowner's assessments, utilities remaining in Owner's name, plus an additional
twenty dollars ($20) per month and a reasonable (refundable) security deposit and damage
deposit as per the Guidelines. The requirements of this subsection shall not preclude the Owner
from sharing occupancy of a Unit with non-owners on a rental basis provided Owner continues
to meet the obligations contained in this Agreement, including Section 2.
5.2 NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE
GOVERNMENTAL ENTITY OR THE GCHA TO PROTECT OR INDEMNIFY THE OWNER
AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL, INCLUDING (NOT BY
WAY OF LIMITATIONS) NON-PAYMENT OF RENT OR DAMAGE TO THE PREMISES;
NOR TO REQUIRE THE GOVERNMENTAL ENTITY OR THE GCHA TO OBTATN A
QUALIFIED TENANT FOR THE OWNER IN THE EVENT THAT NONE IS FOUND BY
THE OWNER.
SECTION 6
BREACH OF AGREEMENT: OPPORTUNITY TO CURE
6.1 In the event that the Governmental Entity or the GCHA has reasonable cause to
believe the Owner is violating the provisions of this Agreement, the Governmental Entity or the
GCHA, by its authority representative, may inspect a Unit between the hours of 8:00 A.M. and
5:00 P.M., Monday through Friday, after providing the Owner with no less than 24 hours written
notice.
6
6.2 In the event a violation of this Agreement is discovered, the Governmental Entity
or the GCHA may send a notice of violation to the Owner detailing the nature of the violation
and allowing the Owner fifteen (15) days to cure. Said notice shall state that the Owner may
request a hearing before the GCHA within (15) days to determine the merits of the allegations.
If no hearing is requested and the violation is not cured within the fifteen (15) day period. the
Owner shall be considered in violation of this Agreement. If a hearing is held before the GCHA
it shall be conducted in accordance with the hearing procedures set out in Section 7, below and
the decision of the GCHA based on the record of such hearing shall be final for the purpose of
determining if a violation has occurred.
6.3 The failure of the Governmental Entity or the GCHA to insist upon the strict and
prompt performance of any of the terms, conditions and restrictions of this Agreement shall not
constitute or be construed as a waiver or relinquishment of the Govemmental Entity's or the
GCHA's right or rights thereafter to enforce any term, condition or restriction and the same shall
continue in full force and effect.
SECTION 7
GRIEVANCE PROCEDURES
7.1 A grievance is any dispute that a tenant or Owner may have with the
Governmental Entity or the GCHA with respect to action or failure to act in accordance with the
individual tenant's or Owner's rights, duties, welfare, or status. A grievance may be presented to
the GCHA Board of Commissioners (hereinafter referred to a Board) under the procedures set
forth in guidelines adopted in the Garfield County Zoning Resolution of 1978, as amended,
section 4.14.11.
SECTION 8
REMEDIES
8.1 This Agreement shall constitute covenants running with the Property, described
hereinabove as a burden thereon, for the benefit of, and shall be specifically enforceable by the
Governmental Entity, the GCHA, and their respective successors and assigns, as applicable, by
any appropriate legal action against any non-complying Owner and/or occupants.
8.2 In the event the parties resort to litigation with respect to any or all provision of
this Agreement, the prevailing party shall be entitled to recover damages and costs, including
reasonable attorney's fees.
8.3 With the exception of a Public Trustee's or Sheriffs sale in a foreclosure
proceeding for the benefit of a first lien mortgage holder; in the event of any sale, transfer or
conveyance of the Property or any Unit thereof, each and every conveyance of the Property or
Unit, for all purposes, shall be deemed to include and incorporate by this reference the
covenants, conditions, limitations and restrictions herein contained, even without reference
therein to this Agreement.
In the event that the Owner or occupant fails to cure any breach, the
7
8.4
Govemmental Entity or the GCHA may resort to any and all available legal action, including,
but not limited to requiring sale of the Unit by Owner as specified in Section 3. The costs of
such sale shall be taxed against the proceeds of the sale with the balance being paid to the
Owner.
8.5 In the event of a breach of any of the terms or conditions contained herein by the
Owner, his heirs, successors or assigns, the Owner's purchase price of the Unit as referred to in
Section 3 of this Agreement shall, upon the date of such breach as determined by the
Governmental Entity or the GCHA, automatically cease to increase as set out in Section 3 of this
Agreement, and shall remain fixed until the date of cure of said breach.
SECTION 9
DEFAULT IN LOAN PAYMENTS; FORECLOSURE
9.1 The Owner may only finance its initial purchase of the Unit with a loan from an
Institutional Lenderwhich is secured by a First Deed of Trust. Forthe purpose of this limitation
and as the terms are used in this Agreement, an "Institutional Lender" means any bank, savings
and loan association, or any other institutional lender which is licensed to engage in the business
of proving purchase money mortgage financing for residential real estate; and a "First Deed of
Trust" means a deed of trust or mortgage which is recorded senior to any other deed of trust or
lien against the unit to secure a loan used to purchase the Unit. The Owner may only refinance a
loan secured by a First Deed of Trust so long as the total amount of such refinancing does not
exceed 95o/o of the Maximum Resale Price in effect at the time of such refinancing and only if
the lender is an Institutional Lender.
9.2 The Governmental Entity or the GHCA is authorized to negotiate, execute and
record such consents or agreements as it may deem necessary which have the effect of
subordinating this Agreement to the terms of a First Deed of Trust in order to facilitate favorable
financing for the benefit of a qualified buyer of the Unit.
9.3 It shall be a breach of this Agreement for an Owner to default in payment or other
obligations due or to be performed under a promissory note secured by any deed of trust or
mortgage encumbering a Unit, including the First Deed of Trust, or to breach any of Owner's
duties or obligations under said deed or deeds of trust. It shall also be a breach of this
Agreement for the Owner to default in the payment of real property taxes or obligations to the
Homeowners Association for general or special assessments, if applicable. The Owner must
notify the Govemmental Entity or the GCHA, in writing, of any such default and provide a copy
of any notification received from a lender, or its assigns or loan servicer, of past due payments or
default or other obligations due or to be performed under a promissory note secured by a deed of
trust, as described herein, or of any breach of any Owner's duties or obligations under said deed
of trust, within hve (5) calendar days of Owner's notification from lender, or its assign or within
five (5) calendar days of Owner's notification from any other creditor specified herein, or any
default, past due payment or breach.
9.4 Upon notification of a default as provided in subsection 9.3, above, the
Governmental Entity or the GCHA may offer loan counseling or distressed loan services to the
Owner, if any of these services are available, and the Governmental Entity or the GCHA is
entitled to require the Owner to sell the Unit in order to avoid the commencement of foreclosure
proceedings. If the Governmental Entity or the GCHA requires sale of the Unit, Owner shall,
immediately upon request, execute a standard Listing Contract with GCHA on forms approved
by the Colorado Real Estate Commission providing for a ninety (90) day listing period. GCHA
shall promptly advertise the propefty for sale by competitive bid to Qualified Buyers. In the
event of a listing of the Unit pursuant to this subsection, the Governmental Entity or the GCHA
are entitled to require the Owner to accept a qualified bid for the Maximum Resale Price or, if
none are received, to accept a qualified bid for an amount less than the Maximum Resale Price
which is sufficient to satisfy the Owner's financial obligations pursuant to the promissory note or
notes secured by the First Deed of Trust and any j unior deeds of trust. The Listing contract shall
obligate the Owner to pay the standard listing fee and normal closing costs and expenses that
would be the obligation of the Owner in the event of a sale pursuant to Section 3 of this
Agreement.
9.5 Upon receipt of notice as provided in subsection 9.3, above, and with the
agreement of the Owner, the Governmental Entity or the GCHA shall have the right, but not the
obligation, to cure the default or any portion thereof. In such event, the Owner shall be
personally liable to the Governmental Entity or the GCHA for any payments made by the
Governmental Entity or the GCHA on the Owner's behalf together with interest thereon at the
rates specified in the obligation then in default, plus l% together with all actual expenses of the
Govemmental Entity or the GCHA incurred in curing the default, including reasonable
attorney's fees. The Owner shall be required by the Govemmental Entity or the GCHA to
execute a promissory note to be secured by a junior deed of trust encumbering the Unit in favor
of the Governmental Entity or the GCHA for the amounts expended by the Governmental Entity
or the GCHA as specified herein, including future advances made for such purpose. The
Governmental Entity or the GCHA shall not be limited by the provisions in subsection 9.1. The
Owner may pay the promissory note at any time prior to the sale of the Unit. Otherwise,
Owner's indebtedness to the Govemmental Entity or the GCHA shall be satisfied from the
Owner's proceeds at the closing upon sale of the Unit.
9.6 The Governmental Entity or the GCHA shall be a "person who appears to have an
interest in the property...." as described in CRS 38-38-103(IXaXIIXE) and, thus, shall be
entitled to receive the combined notice required by and described in CRS 38-38-103(1)(a). And
as a "contract vendee" pursuant to CRS 38-38-104(1Xd), the Governmental Entity or the GCHA
shall be entitled to cure any default which is the basis for a foreclosure action in accordance with
CRS 3 8-3 8- I 04 et seq. Upon filing with the Public Trustee of Garfield County of a Notice of
Election and Demand for Sale ("NED") pursuant to CRS 38-38-101(a) bV the holder of the First
Deed of Trust, the Governmental Entity or the GCHA shall have the right and option, but not the
obligation, to purchase the Unit from the Owner for 95o/o of the Maximum Resale Price on the
date of the NED, less the amount of any debt secured by the Unit (including interest, late fees,
penalties, costs and other fees and reimbursement due to lender) to be assumed by the
Governmental Entity or the GCHA. The GCHA may assign the foregoing options to the
Governmental Entity. The party electing to exercise the option shall be referred to herein as the
"Purchaser". The Purchaser shall give written notice thereof to the Owner within thirty (30) days
following the filing of the NED. In the event that the option in exercised, the closing on the
purchase of the Unit shall occur no less than seventy-five (75) days nor more than ninety (90)
days after the date of the NED. At closing, Owner shall execute and deliver a Special Warranty
Deed conveying the Unit free and clear of all monetary liens and encumbrances, except those to
be assumed by the Purchaser, and shall execute normal and customary closing documents. The
proceeds of the sale shall be applied first to cure the default by paying off the indebtedness
secured by the Unit which is the subject of the pending foreclosure action, then to Owner's
closing costs, and the balance, if any, shall be disbursed to Owner. If the Owner cures the
default prior to closing resulting in withdrawal of the NED and cancellation of the foreclosure
sale, the option of the Govemmental Entity or the GCHA shall terminate. Such termination shall
not, however, operate to extinguish the option of the Governmental Entity or GCHA to purchase
the Unit in the event that any subsequent NED is filed.
9.7 The provisions of this Agreement may be subordinate only to the lien of the First
Deed of Trust to secure a loan to purchase the Unit made by an Institutional Lender. This
Agreement shall not impair the rights of such Institutional Lender, or such lender's assignee or
successor in interest, to exercise its remedies under the First Deed of Trust in the event of default
by Owner; these remedies include the right to foreclose or exercise a power of sale or to accept a
deed or assignment in lieu of foreclosure. In the event of foreclosure by a holder of a First Deed
of Trust, and upon the issuance of a Public Trustee's or Sheriffls Deed, these Covenants shall
automatically terminate. This Agreement shall be senior to any other lien or encumbrance
recorded in the Office of the Clerk of Recorded of Garfield County, Colorado, after the date on
which this Agreement is recorded in said Office. Any purchaser acquiring any rights in a Unit
by virtue of foreclosure of a lien other than a First Deed of Trust, as defined herein, shall be
deemed a Non-Qualified Transferee subject to the provisions of subsection 4.1 of this
Agreement. In the event of a foreclosure of a lien other than a First Deed of Trust, as defined
herein, nothing herein shall be construed to create a release or waiver of the covenants,
conditions, limitations and restrictions contained in this Agreement.
SECTION 10
GENERAL PROVISIONS
10.1 Notices. Any notice, consent or approval which is required to be given hereunder
shall be given by mailing the same, certified mail, return receipt requested, properly addressed
and with postage fully prepaid, to any address provided herein or to any subsequent mailing
address of the party as long as prior written notice of the change of address has been given to the
other parties of this Agreement. Said notices, consents and approvals shall be sent to the parties
hereto at the following addresses unless otherwise notified in writing:
To Declarant:Blue Heron'Properties, LLC
430 Ironbridge Drive
Glenwood Springs, CO 81601
Garfield County Housing Authority
2128 Railroad Avenue
Rifle, CO 81650
Garfield County Commissioners
c/o Community Development
Attn: Director
To GCHA:
To Governmental Entity:
l0
To Owner:
109 8th Street, Suite 213
Glenwood Springs, CO 81601
[To be set forth in a subsequent recorded
Memorandum of Acceptance for each
Individual Unitl
10.2 Severability. Whenever possible, each provision of this Agreement and any other
related document shall be interpreted in such a manner as to be valid under applicable law, but if
any provisions of any of the foregoing shall be invalid or prohibited under said applicable law,
such provisions shall be ineffective to the extent of such invalidity or prohibition without
invalidating the remaining provisions of this Agreement or other related document.
10.3 Choice of Law. This Agreement and each and every related document are to be
govemed and construed in accordance with the laws of the State of Colorado.
10.4 Successors. Except as otherwise provided herein, the provisions and covenants
contained herein shall inure to and be binding upon the heirs, successors and assigns of the
parties.
i0.5 Section Headings. Paragraph or section headings within this Agreement are
inserted solely for convenience of reference, and are not intended to, and shall not govem, limit
or aid in construction of any terms or provisions contained herein.
10.6 Perpetuities Savings Clause. If any of the terms, covenants, conditions,
restrictions, uses, limitations, obligations or options set forth in this Agreement shall be unlawful
or void for violation of: (a) the rule against perpetuities or solne analogous statutory provision,
(b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules
imposing like or similar time limits, then such provision shall continue only for the period of the
lives of the current duly elected and seated governing board of the Governmental Entity, their not
living descendants, if any, and the survivor of them, plus twenty-one (21) years.
10.7 Waiver. No claim of waiver, consent or acquiescence with respect to any
provision of this Agreement shall be valid against any party hereto except on the basis of a
written instrument executed by the parties of this Agreement. However, the party for whose
benefit a condition is inserted herein shall have the unilateral right to waive such condition.
10.8 Gender and Number. Whenever the context so requires herein, the neuter gender
shall include any or all genders and vice versa and the use of the singular shall include the plural
and vice versa.
10.9 Personal Liability. Owner agrees that he or she shall be personally liable for any
of the transactions contemplated herein.
10.10 Further Action. The parties to this Agreement, including any Owner, agree to
execute such further documents and take such further actions as may be reasonably required to
11
calry out the provisions and intent of this Agreement or any agreement or document relating
hereto or entered into in connection herewith.
10.1 1 Modifications. The parties of this Agreement agree that any modifications of this
Agreement shall be effective only when made by writings signed by the parties, approved by the
Governmental Entity, and recorded with the Clerk and Recorder of Garfield County, Colorado.
Notwithstanding the foregoing, the Governmental Entity or the GCHA reserves the right to
amend this Agreement unilaterally when deemed necessary to effectuate the purpose and intent
of this Agreement, when such unilateral action does not materially impair an Owner or lender's
rights under this Agreement, and when such amendment has been approved by the Governmental
Entity.
10.12 Delegation. The Govemmental Entity and the GCHA may delegate their
authority hereunder to another organization qualified to manage and enforce the rights and
obligations of either the Governmental Entity or the GCHA pursuant to this Agreement. In the
absence of mutual agreement between the Governmental Entity or the GCHA over rights and
obligations in this Agreement, either entity may assign their rights and obligations to the other
respectively.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and
year first above written.
BLUE HERON PROPERTIES, LLC, A
COLORADO LIMITED LIABILITY COMPANY
By its Manager, Blue Heron Management, LLC,
a Colorado limited liability company
By its Manager, CLM Blue HeronrLLC, a
Colorado limited liability company
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
-.,t , The. foregoing instrument was acknowledged
)zeFerlt4b,t,r- ,2015, by BIue Heron Properties, LLC
before me this l,{Y ou, of
by its Manager, CLM Blue Heron,
LLC, by its Manager, James W. Light. Witness my hand official seal.
PUBLICgrATEOr"glgUDO
NOTARY tD 20114003802
i,IYCOMMISSION EXPIRES JAN. 24, 2019
W. Light, its Man
t2
tuty.o-[ission expir es: lLll?Ag-
ACCEPTANCE BY THE GARFIELD COLTNTY BOARD OF COMMISSIONERS, AND THE
GARFIELD COLINTY HOUSING AUTHORITY.
The foregoing Declaration of Deed Restriction and Agreement Concerning the Sale,
Occupancy and Resale of Property described as Ironbridge Planned Unit Development, Phase III,
Lots29,42,58,59,60 and 61, and its items are hereby adopted and declared by the Garfield
County Board of Commissioners and the Garfield County Housing Authority.
GARFIELD COLTNTY BOARD OF COMMISSIONERS
ATTEST:
John Martin, Chairman
Title:
GARFIELD COLINTY HOUSING AUTHORITY
By:
Title:
STATE OF COLORADO )
) ss.
cotrNTY oF GARFTELD )
The foregoing instrument was acknowledged before me this _ day of20-by
Witness my hand and official seal.
Notary Public
My Commission expires:
By:
13
EXHIBIT "A"
MEMORANDUM OF ACCEPTANCE OF DECLARATION OF DEED RESTRICTION AND
AGREEMENT CONCERNTNG THE SALE OCCUPANCY AND RESALE OF PROPERTY
RECITALS:
. (hereinafter referred to as "Owner"), has simultaneous with
execution of the Memorandum purchased a residential dwelling unit with the address
fi:r ffi*"liT'.llm ::?:1ffi,:",'ff"i''* ;
the Office of the Clerk and Recorder of Garfield County, Colorado.
As a condition of the sale transaction, the Buyer acknowledges and agrees to the terms,
conditions and restrictions found in that certain instrument entitled Declaration of Deed
Restriction and Agreement Conceming the Sale, Occupancy and Resale of Property, recorded on
as Reception No.in the Office of the Clerk and Recorder of
, County, Colorado (hereinafter the "Declaration and Agreernent").
NOW, THEREFORE, as required by the Declaration and Agreement and in consideration
of the covenants and agreements contained therein and contained herein, the Owner agrees and
acknowledges as follows:
l. Owner hereby acknowledges the existence of and accepts the Declaration and
Agreement, in it entirety, including all exhibits, as the same is defined herein,
with the following changes and/or additions:
That the closing of Buyer's acquisition of the Property occurred on
The purchase price that Buyer is paying for the Property is $
In particular, Owner acknowledges
Garfield County Housing Authority
options set forth in Section 9 of the .
default as described therein.
and agrees that the and the
shall be entitled to exercise the rights and
Declaration and Agreement in the event of a
2.The address of Owner for the purpose of Section 10.1 of the Declaration and
Agreement is as follows:
This Memorandum shall be recorded in the Office of the Clerk and Recorder of
Garfield County, Colorado.
t4
IN WITNESS WHEREOF, the undersigned Owner(s) has/have executed this
Memorandum of Acceptance on the date set forth opposite his/her signature.
Owner Date
Owner Date
STATE OF COLORADO )
) ss.
COLINTY OF GARFIELD )
The foregoing instrument was acknowledged before me this _ day of20-by and
Witness my hand and official seal.
Notary Public
My Commission expires:
15
1.
EXHIBIT "B''
PERMITTED CAPITAL IMPROVEMENTS
The "Permitted Capital Improvements" as used in the Agreement shall only include the
following:
a. Improvements or fixtures erected, installed or attached as pernanent, functional, non-
decorative improvements to real property, excluding repair, replacements and/or
maintenance improvements;
b. Improvements for energy and water conservation;
c. Improvements for the benefit of seniors and/or handicapped persons;
d. Improvements for health and safety protection devices;
e. Improvements to add and/or finish permanent/fixed storage space;
f. Improvements to finish unfinished space;
g. Garages;
h. The cost ofadding decks and any extension thereto;
i. Landscaping;
j.Repairs or replacements related to structural, major mechanical or roofing
deficiencies after any applicable warranty period is expired.
Permanent Capital Improvements as used in the Agreement shall NOT include the
following:
a. Upgrades/replacements of appliances, plumbing and mechanical fixtures, carpets and
other similar items included as part of the original construction of the unit;
b. Improvements required to repair, replace and maintain existing fixtures, appliances,
plumbing and mechanical fixtures, painting, carpeting and other similar items;
c. Upgrades or addition of decorative items, including lights, window coverings, floor
coverings and other similar items;
d. Jacuzzis, spas, saunas, steam showers and other similar items.
3. All Permitted Capital Improvement items and costs shall be approved by the GCHA prior
to being added to the Maximum Resale Price as defined herein.
2.
t6
APPLICANT / OWNER
REPRESENTATIVE
ENGINEER
LOCATION
PROPERTY SIZE
WATEF/SEWER
ACCESS
EXISTING ZONING
Board of County Commissioners
September 21, 2015, continued from September 8, 2015
Blue Heron Properties, LLC
Karl Hanlon, Karp Neu and Hanlon
Matt Langhorst, High Country Engineering
South of Glenwood Springs on the east side of CR
109, north of the existing lronbridge community
45.289-acres
Roaring Fork Water and Sanitation District
CR 109 (Hardwick Bridge Road)
Planned Unit Development (PUD)
The Board of County Commissioners (the Board) considered this Final Plat application at a public
meeting on September 8, 2O15. At that time the Board discussed the necessary steps to finalize the
required information and related documentation, including the lmprovements Agreement, Affordable
Housing Agreement and Treasurer's Deposit Agreement for Revegetation. The Board ultimately
continued the application to September 21, 2015 to provide the Applicant and Staff time to submit
and review the required paperwork related to the proposed development.
On September g, 2015 Staff provided the Applicant a list of documents required to be submitted, as
well as the timeline for submittal of this information. This information was received on September 9,
2015, Exhibit O. Review comments were requested from Vegetation Management and the Garfield
County Housing Authority who responded in Exhibits P and Q. Staff compiled these responses, as
well as planning and legal comments, and provided a letter regarding required revisions to the
Applicant on September 11 ,2015, Exhibit R.
A deadline for submittal of the materials required for the September 21, 2015 Board meeting was
provided. Staff received executed Final Documents, Exhibit U and expects to receive the required
payments for impact fees and demonstration of receipt of escrow funds prior to the scheduled
September 21,2015 Board meeting.
Staff referred
comment.
Garfield County Vegetation Management, Exhibit Q:
Garfield County Housing Authority, Exhibit P:
1.
2.
STAFF REPORT UPDATE
Final Plat for lronbridge Phase lll, Filing 1
the additional submittal information to the following agencies for their review and
llPage
r
lronbridge Phase lll, Filing 1 Final plat
Board of County Commissioners
September 21, 2015, continued from September 8, 201S
A request to final plat lots is subject to Sections 5-301
iW,*,l ,6& HVlSlgl.I **rt**r,,,, ';t':::,;'i;::
D. Fina! Plan/Plat Review.
D., 5-402 E. and 5-402 F. of the LUDC:
1.
2.
3.
overview. The Applicant must receive Preliminary Plan approval before
requesting a Final Plan/Plat.
Review Process. Applications for Final Plan/Plat shall be processed
according to Table 5-103.
Review Criteria. An application for Final Plan/Plat shall meet the following
criteria:
a. Comply with all conditions of Preliminary Plan approval;
staff comment: As stated above, the conditions of Preliminary plan appear to
have been satisfied.
b. Comply with the Final Plan required in section S-402.E. and the Final
Plat in section 5-402.F.;
Staff Comment: See below for these requirements.
c. All taxes applicable to the land have been paid, as certified by the
County Treasurer.
Staff comment: The plat mylar is required to be signed by the Treasurer who
will certify that all taxes have been paid.
H]Oz. DESCRIPTION OF SI'BMITTAL REOUIREMENTS.
E. Final Plan Map.
Final Plan Maps shall include the following information and supplemental materials:
1. All information as required in the preliminary plan Map; and2. Any modifications, additions or deletions as required by the BOCC.
Staff Comment: This criteria appears to have been satisfied.
F. Final Plat.
Final Plat shall be of an engineer's scale. Final Plat shall be prepared in a clear and legible
manner on reproducible film stock measuring 24 inch by 36 inch with clear margins of 2
inches on the left-hand side and Yzinch on the remaining sides. The Final Plat shallcontain
the following information, as well as any additional information as required by the Director
and/or BOCC, in a format prescribed by the County:
1. Name and address of the property owner(s) and mineral owner(s) of record
of the land being platted.
2. Name, address, and seal of the certifying registered land surveyor preparing
the Final Plat.
2lPlge
3.
4.
5.
lronbridge Phase !!1, Filing 1 Final plat
Board of County Commissioners
September 21,2015, continued from September 8, 2015
Legal description and area of the property.
Vicinity Map.
Location and full description of all monuments as required by this Code and
by C.R.S., Title 38, Article 51:
a. Permanent monuments shall be set on the external boundary of the
Subdivision pursuant to C.R.S. g 38-51-101 ;
b. Block and lot monuments shall be set pursuant to C.R.S. g 38-51-101;
and
c. lnformation adequate to locate all monuments shall be noted on the
Plat.
Boundary lines, corner pins, and dimensions of the subject parcel(s), including
land survey data to identify the subject parcel by section corners, distance
and bearing to these corners, quarter corner, township, and range.
The lengths of all arcs, radii and tangents. Sufficient data shall be shown for
all curved lines on the Plat to enable reestablishment of the curves in the field.
Lot location and layout:
a. All lots and blocks shall be numbered consecutively; and
b. The dimensions of all lots and the area of each lot shown to 2 decimal
places.
Name, location, and width of rights-of-way, including those intersecting or
paralleling the Plat boundaries within 200 feet.
Name and map number of any bordering Subdivisions within 200 feet of the
boundaries of the Plat.
Municipal limits within 200 feet of the boundaries of the Plat.
Location, width, purpose, and owners of all easements. A Plat note may be
necessary to provide complete inlormation regarding the purpose of the
easement. Maintenance easements shall be provided for ditches as required
in section 7-201.E.3.
Location, area, and means of access of all property to be reserved and/or
dedicated, with the means of access to such property clearly shown and its
intended uses noted.
A legally acceptable land description and dedication block placed on the Plat
by the Applicant dedicating streets, rights-of-way, public sites, and other such
features. The transfer to the county of dedicated land shall take place by a
legally acceptable instrument prior to or concurrent with Final Plat
acceptance, but before recording of the Final Plat.
All lands within the boundary of the Subdivision shall be accounted for as a
lot, tract, parcel, Open Space, street, right-of-way, Alley, and so forth, and all
areas of such lands shall be shown on the plat to the nearest 100th of an acre.
Any protective covenants/restrictions shall be noted on the Plat or, if
protective covenants/restrictions are recorded, the book and page of these
recorded documents shall be shown on the Plat prior to the Plat being
recorded.
All required Plat notes, exemptions, contracts, and any additional notes,
Building Envelopes or other information as required by the County.
Executed certificates, notices, and statements, as required by the County.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
3lPagc
lronbridge Phase lll, Filing 1 Finalplat
Board of County Commissioners
September 21, 2015, continued from September 8, 2015
Staff Comment: The County Surveyor reviewed the plat, Exhibit H, and required
some corrections, which have been made. A mylar containing all signatures except
for the Board of County Commissioners and the Clerk and Recorder has been
submitted.
The proposed findings are based upon a Staff recommendation of approval of the final plat for filing
1 of the lronbridge Phase lll PUD.
1.That the meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
That for the above stated and other reasons the request for a final for Filing 1 of lronbridge
Phase lll is in the best interest of the health, safety, convenience, order, prosperity and
welfare of the citizens of Garfield County.
3. That, subject to compliance with conditions, of approval the application is in general
conformance with Garfield County Comprehensive Plan 2030.
4. That, subject to compliance with conditions of approval, the application has met the
requirements of the Garfield County 2013 Land Use and Development Code, as amended.
Actions requested of the Board:
Staff appears to be satisfied with the documentation provided and requests that the Board consider
approving the final plat for lronbridge Phase lll, Filing 1. This will require a motion to approve the
application and authorization for the Chair to sign the final plat mylar, sign the Treasurer's Deposit
Agreement for Revegetation, sign the Affordable Housing Agreement and sign the lmprovements
Agreement.
2.
4ll'iLge
I I
Karp^Neu^Han[gn;
Karl J. Hanlon
kjh@mou4lainlawfi rm. com 323 W. Main Street, Suite 301
Aspen, CO 8l6ll
Telephone : (97 0) 94 5 -2261
Facsimile: (97 0) 945 -7 336
wwu.mountainlawfi rm.com
*rrAU coneqpadcace shud be wnt to lhe
Gkwod Springs offrcc
September 21,2015
Board of County Commissioners
c/o Kathy Eastley
108 8th Street
Suite 401
Glenwood Springs, Colorado 81601
Re: Ironbridge Phase III, Filing l, Final Plat Application
Dear Commissioners:
Thank you fcir your consideration of the Ironbridge Phase III, Filing l, Final Plat
Application. Enclosed with this letter you will find three checks related to the Ironbridge Phase III,
Filing l, Subdivision Improvement Agreement ("SIA"):
Section 4 of the SIA requires a Revegetation Treasurer's Account Agreement
between the Owner, the BOCC and the Garf,reld County Treasurer, in the amount
of $30,000.00. Check No. 003553 made out to the Garfield County Treasurer
represents compliance with this Section of the SIA.
Paragraph No. 2 of the Treasurer's Deposit Agreement for Revegetation requires
Treasurer's fees in the amount of one percent (1.0%) of the deposited funds.
Check No. 003554 for $300.00 represents compliance with these fees.
3. Section 14 of the SIA relates to Fees in Lieu of Dedication of School Land. This
Section requires the owner to pay $36,785.70 in lieu of dedication of Iand to the
Roaring Fork School District. Check No. 003499 represents compliance with
Section 14.
Additionally, Section l5 of the SIA requires Fire Impact Fees in the amount of $25,550.00
to be paid to the Carbondale and Rural Fire Protection District. Enclosed you will find a receipt
from the carbondale and Rural Fire Protection District in this amount.
Sander N. Karp*
James S. Neu
Karl J. Hanlon
Michael J. Sawyer
James F. Fosnaught
Jeffiey J. Conklin
Andrew A. Mueller
I Fcllow ol rhe (bllege of
Labor ond Enployruat
Low!m
Matthew L. Trinidad
Patrick L. Barker
Jon T. Hoistad
OfCounsel
Richard L Zuber**
Anna S. Itenberg
Greg S. Russi
Hollie L. Wieland
fi Fcllow oJ lhe Awiua
Acodemy ol Mohimniol Lt*yes
201 l4t Street,
P. O. Drawer
Glenwood
l.
2.
KarpNeu^Hgnlqn;
Page2
Furthermore, Paragraph 3 of the Affordable Housing Agreement for Ironbridge phase III,
Filing I requires an Escrow Agreement (Exhibit 2 to the Affordable Housing Agreement) and the
deposit of $791,292.00 in to an Escrow Account. Enclosed is a receipt from Land Title
acknowledging receipt of the required amount and a identifying the Escrow Account Number as
5 I 9857.
Very truly yours,
KJH:ap
Enclosures (5)
cc: Client
*otoDX&rc IMPACT F'T,tr, Rtr,Ctr,IPT
DATE: September 78, 2015
FIRE PROTECTION DISTRICT
Carbondale & Rural File Protection District
300 N'Ieadowood Drive o Carbondale, CO 81,623
Phone - (970) 963-2491
Fax - (970) 963-0569
Received BlueHeronPtoperties,IIC.
Frorn:
PAYI\IE.NT'ME,THOD CHE,CK NO.NAN{E OF DEVE,LOPN{E,NT
Check 3498 Itonbtidse Phase III. Filins 1
QTY DESCRIPTION UNIT PRICE f.OTAI,
3s.00 Single Family Units $ 730.00 $ 25,550.00
N{ulu Famrly Units 730.00 $
Commercial/Industrial 730.00 $
Hotel/Motel 1,825.00 (t/
Total Amount Due:$ 25,550.00
llcccir cd Br
UUJ+JO
ACCOUNT NO AMOUNT
BHPPH3FILlFIRE 8t27t2015 25,5s0.00 25,550.00
CHECK DATE CHECK NO, VENDOR NAME
812712015 003498 Carbondale Rural Fire
Blue Heron Propefiies LLC
dba Ironbridge Golf Club
430 lronbridge Drive
Glenwood Springs, CO 81601
970.384.0630
ACCT:
DISCOUNTS NET PAID
25,550.00
DATE
8t27t2015
AMOUNT
******)'**25,550.00*
p4y*TWENry-FIVE THOUSAND FIVE HUNDRED FlFry AND XX I 100
TO THE
oRDER Carbondale Rural FireoF Protection District
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23.2t1ozo @bank ,'., ",,:i,?i[?1'd+l[BJ;;'.,i'JJ:L,,.., 0 0 3 4 I8
CHECK NO,
003498
INVOICE
CHECK DATE
9t15t2015 003553
VENDOR NAME
Garfield County Treasurer
CHECK NO.DISCOUNTS NET PAID
30,000.00ACCT:
Blue Heron Properties LLC
dba Ironbridge Colf Club
430 Ironbridge Drive
Glenwood Springs, CO 8160 I
970.384.0630
pay*THIRTY THOUSAND AND XX / 100
2s-ztlozo @banft ,,0, "r"^i'J[?1'"'.'.R'il3:S,?::,i'JJ:;,,*, 0 0 3 5 5 3
AMOUNT*********30,000.00"CHECK NO.
003553
DATE
9t15t2015
TO THE
oRDEB Garfield County TreasureroF Po Box 1069
Glenwood Springs, CO 81602-1069
u.OOlSSlF t: lO aOOOO 2 Lt! t e5t0 t?EBEBqrr'
-,il?
. CHECKDATE CHECKNO. VENDOBNAME
9/15/2015 003554 Gar-field CountyTreasurer ACCT:
DISCOUNTS NET PAID
300.00
Blue Heron Propcrties I-LC
dba Ironbridge Colf Club
430 Ironbridge Drive
Glenwood Springs, CO 8 l60l
970.3ri4.0630
p4y*THREE HUNDRED AND XX / 100
DATE
9t15t2015
AMOUNT
***r.********300.00*
TO THE
oRDER Garfield County TreasureroF Po Box 1069
Glenwood Springs, CO 81602-1069
[.oo ] 5 5l.rr. r: Io eoooo e It! ta5qOt?EBEEqrr'
23-2/1020 @bank,*, "-"^k'J[?1'"'J.L'il3:S"$',,i'JJ"5o,,*, 0 0 3 5 5 4
CHECK NO,
003554
:l .i l
l
CHECKDATE CHECKNO.
8t27t2015 003499
VENDOR NAME
Garfield County ACCT:
DISCOUNTS NET PAID
36,785.70
Blue Heron Properties LLC
dba lronbridge Golf Club
430 lronbridge Drive '
Glenwood Springs, CO 81601
970.3tt4.0630
p4y*TH I Rry-SlX THOUSAN D SEVEN HUNDRED EIGHTY-FIVE AND 70 I 1OO
DATE
8t27t2015
AMOUNT
*********36,795.70*
TO THE
oRDER Garfield CountyoF 108 8th st., suite 401
Glenwood Springs, CO 81601
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zs-2t1o2o @banft ,*,
"":|'Jfl?1'"'J,R'$3:S,3i',,R'JJ:5",,*, 0 0 3 4 9I
CHECK NO.
003499
t ?EBEB9r'
.iP
ET ONLY
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Blue Heron Properties LLC
dba Ironbridge Goif Club
430 Ironbridge Drive
Glsnrvood Springs. CO 81601
970.3.31.0630
z3-z^o2o ffibamk ,*,
","^i,'J'fl?".%'i.X',I3:S:ii,iTJlSo,,.., 0 0 3 4 g g
CHECK NO
003499
DATE
8t27t2015
AMOUNT
*******r(rr36,7 gS.7 0*
PAY-THIRTY-SIX THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND 70 I 1OO
{l
u
TO Ti-]E--rER Garrierdcounty GOP
108 8th St., Suite 401 [ffi,,O
Gtenwood Springs, CO 81601 \N|f
,.oolLqq,, r:I0 eoooo i lr! I e5r.o t?Em
Garlield Coun
to Carfield County Treasurer
scltacQ lrl:#2
S('li \{ 'Q iisi),,
$36,785.70 CASH $ 0.oo
DAIE: SEPTEMBEB 21,2015
tlP
Receipt and Acknowledgment
I, Becky Macdonell Blanchard, am a licensed closing agent for Land I'itlc Guaranty Company in
Glcnwood Springs. Colorado. I acknowledge that I havc rcceived, in connection with E,scrow
Account No. 519857 (the "Escrow"), the below-imaged bank draft, with instructions and
authorization to deposit the funds negotiated by the draft in the Escrow, upon execution of the
subdivision improvements agreement and escrow agreement relating to the Escrow.
Land Title Guaranty Company
<--'
By:
Becky Blanchard,
its olosing agent
IILUE, HERON DEVELOPMET IT COi\{PAN Y
430 IRON BRIDGE RD
GLENWOOD SPCS CO 8160t-3558
.J, Q- lz- 15
I502
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n""H#itah{L J $ zu/,aer-
E bank" ArorJservingyou"
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