HomeMy WebLinkAbout4.0 CorrespondenceJoHN A. THULSoN
EOWARD MULHALL, JR.
Scorr BaLcoMB
LAWRENCE R. GREEN
TrMorHy A. THULSoN
LoRr J. M. SarrERFtELo
EowARo B. OLSzEwsKt
DAvrD SaNDovaL
DENDY M. HEtsEL
JEFFERSoN.J. CHENEY
BA.r,coMB & Gnrcrcrv, p.C.
ATTORNEYS AT IJA.I^/
P. O. DRA\VER 79o
818 COT]ORADO AVENIJE
Gr,ENwooD SpRrNGs, Cor,oR.A-Do g ].6()2
Telephone: 970.945.6546
Facsimile: 970.945.9769
March 23,2000
OF CouNsEL:
KENNETH BaLcoMB
VIA HAND DELIVERY TO:
Mark Bean, Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Corvell Ranch and Midland point Subdivisions
Dear Mark:
Coryell Ranch Company, LLC has now completed an additional portion of the subdivision
improvements associated with the Coryell Ranch and Midland Point Subdivisions. Coryell Ranch
Company would therefore like to obtain apartial release of its security for completion of subdivision
improvements, as provided in the Subdivision Improvements Agreement between Coryell Ranch
Company and the County.
We have enclosed for your consideration an original letter from David M. Kotz, P.E., with
Schmueser Gordon Meyer, certifuing that work in the total amount of $641,643.00 has been
completed to date by Coryell Ranch Company. We have also prepared and enclose herewith
duplicate originals of an Acknowledgment of Partial Satisfaction of Subdivision Improvements
Agreement which will authorizethe release of the amount of $641,643.00 from the letter of credit
previously posted by Coryell Ranch Company.
We would greatly appreciate it if at your first opportunity you would present the
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement forms to the
Board for the Chairman's signature, deliver one original to Mildred Alsdorf for recording, and the
other original to me, so that I can arrange for the appropriate release from the letter of credit. This
is the same procedure that we utilized forthe previous partial release Coryell Ranch for subdivision
improvements.
GARFIELD COUNTY
i-r L-"f\ltt i i ti{l D E pAHTtr4 ENT
10s 6TH ST. - Sr.frTE 303
GLENWOOD SPRINGS, @ 81€01RECEIVEDMAR 24zrJrJr,
BALooMB & GREEN, P.C.
ATTORNEYS AT I/Aw
Mark Bean, Director March 23,2000
Page2
Thank you very much for your attention to this matter. As always, please contact me if you
have any questions or concems.
Very truly yours,
LRG/bc
Encls
xc: Ian Hause
Dave Kotz
John Stelzriede
BALCOMB & GREEN, P.C.
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
OF SUBDIVISION IMPROVEMENTS AGREEMBNT
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, Coryell Ranch Company, LLC,aColorado limited liability company, entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado (the "Board), dated January 10, 2000 and recorded January 18, 2000 in Book
ll69,Page 325, as Reception No. 558139 of the Garfield County records for the improvement of
Coryell Ranch and Midland Point Subdivisions; and
WHEREAS, inaccordancewiththeprovisions ofthe Subdivision ImprovementsAgreement,
Coryell Ranch Company has posted an irrevocable standby letter of credit issued by MesaNational
Bank, Glenwood Springs, Colorado, in the amount of $4,511,200.00; and
WHEREAS, Coryell Ranch Company has presented a certification from Schmueser Gordon
Meyer dated March 8, 2000 certiffing that Coryell Ranch Company has completed subdivision
improvements associated with Coryell Ranch and Midland Point having an actual cost of
construction of $641,643.00, and requesting that based upon said certification the amount of the
aforesaid letter of credit be reduced by $641,643.00 which is the cost of the work completed as
detailed in said certification.
NOW, THEREFORE, at the request of Coryell Ranch Company, and in consideration ofthe
premises and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Coryell Ranch Company and the Board for
Coryell Ranch and Midland Point Subdivisions, and hereby authorizes the release of the security
from the above identified letter of credit in the total amount of $641,643.00.
BOARD OF COUNTY COMMISSIONERS
OF GARIIELD COLINTY
By:
John Martin, Chairman
srATE OF COLORADO )
)ss
COLTNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
., 2000 by John Martin, as Chairman of the Board of County Commissioners
of Garfield County, Colorado.
Witness my hand and official seal.
Mildred Alsdorf, Garfield County Clerk
My commission expires:
My address is:
c:\wp-docs\LG\AG\Coryell\Documents\. .3-23-00
Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement
Coryell Ranch Company LLC/Board of County Commissioners
ENCINEEBS
-S^
tM^:'(rro)
nou-''ooo
FAX (970) 945-5948
118 West 6th, Suite 200
Glenwood Springs, CO 81601
SCHMUESER
March'8, 2OOO
Mr. Mark Bean, Director
Garfield County Building and Planning Dept.
109 Eighth Street, Suite 3O3
Glenwood Springs CO 81601
RE: Coryell Ranch and Midland Point
Fourth Letter of Gredit Reduction
Dear Mark:
On behalf of Coryell Ranch Company, LLC, Schmueser Gordon Meyer is requesting a partial
release of security as outlined in Section 3. SECURITY FOR IMPROVEMENTS, b. Partial
Releases of Securitv. The amount of reduction requested is $641,643, which corresponds
to Gould Construction's pay Application No. 4 dated 3/3/00. A copy of their Pay Application
is attached.
Throughout the construction process, Schmueser Gordon Meyer has conducted periodic site
visits to observe construction practices and has participated in weekly construction meetings
with the contractor and owner's representatives. we have concluded that the total amount
requested in Gould Construction's Pay Application No.4 l$712,937, less 1006 retainage,
equals $641 ,643) is representative of the work performed and that work has been performed
in substantial compliance with the engineered plans, specifications, and the requirements of
the Subdivision lmprovements Agreement.
The following table summarizes the status of Letter of Credit and will be modified in future
release requests.
Original Letter of Credit Amount $4,51 1,200
Gould Construction PaY ApPlication NoJ $405,1 06
Gould Construction Pay Application No. 2 s345,852
First Reduction Request $ 750,958
Gould Construction Pay Application No. 3 s 1 84,708
Second Reduction Request - $ 184,708
Roaring Fork Aggregate lnvoices 1OO2 & 1017 $193,533 $ 193,533
Gould Construction Pay Application No. 4 s641,643
Third Reduction Request - $ 641,643
Letter of Credit Remaining Amount $2,740,358
March 8, 2OOO
Mr. Mark Bean
Page 2
Please contact me if you have any questions, comments or require additional clarification of
this request.
Sincerely,
SCHMUESER GORDON MEYER, ING.
/)){//D/1 /4-
David M. Kotz, ,.=. )
DMK:lec/98081d1O.Pr3
Enclosures
SCHMUESER GORDON MEYER, INC.
fupnr Grs'r Gou Cowarr
Facsimile Cover Sheet
TO:
FAX NO:
FROM:
970-963-4537
970-963-4536
The information contained in this facsimite sheet and docrmen(s) that follow are for the exdusive use of the addresseend may conEin confidential, privileged and non-disclosable information. lf the recipient of tfris facsimife'i" not ffr"addressee' or a person responsible for delivering thls facsimile to the addressee, such recipient is sttctty frohibited fromgading' photocopying, distributing or otherwise using his facsimile, or its contents, in any way. rr you rrlJeiec"ived thisfucsimile in enor, please call immediatily and retumtre facsimile trc us via the US postat Service. Thank you.
Aspen Guex Rrcrmor cprsrrn: 9929 srere HrcHwev 82 . cenaoxoer4 coloneoo 81623 .970-9634536 . l-gctr'-2774536
Aspcn Glen Golf Company is an afiliate of Club Corporation of America and rhe Melrose Company
I t gnr t JoM S+r'-.,Ute
JenruPu Eutlooz
Aspen Glen Fax Number:
Aspen Glen Phone Number:
Message:
Ur'rI'IHK. (.1gI^g)J J:J/HFO 84]H5I'LN GLEN GOLF C.O CONST
Gould Construction, lnc.
Coryell Frnch DavcloPmont
February Echedulc of Valuce 0310312000
P'zl$ouoot
087
04e
174
Irioatlon Pumo Statlon 1.0 ea $45,000.00 $46,000 $0.00 $0.00 Oo/o
6" lniEetlon Pipins 180.0 lf 518.00 $3,240 $0.00 $0.00 0o/o
4' lrdgatiolPiping 3,555.0 lf $16.00 l$56,880 $0.00 $0.00 o%
f valvos and fittings 8,0 EB s200.00 $1,600 $0-o0 s0.00 0%
rrlgrtion Dl
Diverslon Structuree B.0l 3.0 ea s2.200.00 s17,600 $0.00 s6,600.00 38%
Concrcte HeeEWalla 2.01 ea $4,100.00 sE,200 $0.00 $0.00 ooh
Rip Rap 7ZO.O cy $20.00 $4,400 $0.00 s0.00 ooh
Drainage Ditctl 9,050.01 lf $5.00 s45,25 s0.00 $0.00 0o/o
Pond 1 '3s,441.0 35,878.0 cy sl.50 $53,182 s7,524.00 s53,817.00 115o/o
Pond 2 4it,410.0 22,589.0 cy $1.50 s65,115 $9.302.00 $3s.883,50 66%
Pond 3 10,000.0 6l s1.s0 $15,000 s7,7't4.00 $0.00 s1%
Pond liners 470,000.0 sf $0.s0 szs5,000 s0.00 s0.00 Oolo
Berm ConstruEtion EE.47,590,0 cY $2.00 $176,000 $0.00 $95,180.00 54%
$0.00
Strlo Topsoil 28,645.0 9.15/1.0 cy $1.30 $37,239 s37,239.00 $11,900.20 1320/o
SiltfEnce 2,400.0 1,000,0 tf $1.80 s4,320 s2,070.00 i1,800,00 90%
ErcarraUon 31,610,0 8,276.0 cy $3,00 s94,830 $46,710-00 $24.828.00 75o/o
Sgrade Frep 48,454.0 sy s1.20 s58,145 $0.00 $s.00 0o/o
Place Toproil 12,476.0 oy $4.75 $59.261 s0.00 $0.00 Oolo
cl 1 ABC 42.533,0 ton $4.s0 $191,399 $o.o0 s0.00 0%
cl 6 ABc 15,655.0 bn s12.3s 5193,339 $0,00 $0.00 ooh
3" Asphalt 4,568.0 ton s38.00 $173,584 $0.00 $0.00 Oo/o
Adj. manholes 38.0 ea $s0.00 $3,420 s0.00 $o.00 Oo/o
Adl, valve bores s2.0 GA $42.00 52,184 $0.00 50,00 o%
35" Ultra Flgw 2,080.0 lf $48.00 $95,680 $0,00 s0.00 0%
36" UF tees 3.0 ea s2,180,00 s6,540 s0.00 s0,00 la/o
3G" UF bonds 5.0 EB $2,543.00 $12.715 s0.00 $0.00 00h
42" cMP 120.0 60.0 lf s48.00 $5,760 $3,840.00 $2,880.00 117o/o
36'CMP 310.0 rf $42.00 s13,020 $0.00 $0.00 Oo/c
30" cMP 120,0 60.0 tf $39.00 $4,6E0 $0.00
24" CtlP 140.0 70,0 tf $33.50 94,600 $0.oo $2"345.00 50a/o
1E'GMP 6E0.0 lf 529.00 519.720 s0.00 $0-00 0%
15'CMP 300.0 rf s26.60 $7,950 $0.00 $0.00 0%
12" CMP 160.0 tf s24.50 $3,920 s0.00 $0.00 0%
42'FES 4.0 ea $4E0.00 $1,$960.00 $0.00 50%
30 FES 1.0 1.0 ea s260.00 s260 $0.00 $260.00 100%
eu,,,nr\. t .Luqutl J. rc,n'U 941H5!-_Ll'! "_tlr,O:5L-:!!)_CONSTT-
Gould Gonetructlon, lnc-
No,'183 P'a,{,ltottoot
s310.00 $1,240 nn $0.00 0%
36, FES 4.0 ca
ZArFEs E.0 aa $216.00 s1,$0.001 uo.so 0%
18'FES 12.O )a $1s0.00 s2,2t $0.00 $0.00 0%
iErre 2.0 ea $150.00 $300 $qeg $0,00 07
rz'rES 1,0 ere s100.00 $100 $0,00 s0.m OYc
Curb lnlete 17.0 ea $1,650.00 s24,050 s8,260,00 lDtJ.uu zv'lo
ffita.{ralnaae- Ml{2_0 EB $1.800.00 $3,60,9 s0.00 $0.00 0%
Bn g 10'same trEnch 4,379.0 2,7n.0 tf s31,83 $139,384 $50,992.E0 $88,391.91 100%
Bu &=10'DIP Pipe (materials)4,379.0 1,451.0 $2s.17 $101,461 S6-.Ezg^oq $s3,619.92 100%
1O'DIP 878,0 33s5ll s28.47 $25,1 915,687.00 $9,671.45 100%
10u DIP materials 878.0 763,0 tf $13.13 $11,528 s1,500,00 s10,018,19 100%
-10" Valves 13.0 10.0 eq $7s0,00 $9,750 $3,750,00 $7,500.00 115%
0" Bends 38,0 21.0 ea $310.00 $11.780 $4,030.00 $7,440,00 97ch
10" TeeE 10.0 5,0 ea $355.00 53,550 s710.00 $1.775.00 700h
8'DIP 6,131.0 4.840.0 tf $1s.96 $122,3?6 $0.00 $95,79%
El DIP_Etpe_6,131,0 lf s10,04 561,555 $61.555,00 $0.00 100%
t" snaplock 1.340.0 s80.0 tf 539,s0 $s2.952 $0.00 52L794,00 43o/o
8" ValYes 22.0 20.0 ea -ss50.00 s12,100 s550.00 $11,000.00 9506
B" Bends s2.0 37_0 ea $27o.oo $14,040 s1,080.00 s9,990.00 79Yo
E'Tecs 13.0 9,0 ea s30s.00 ss,965 $0.00 $2.745,00 69%
S" Plugs 2.0 ea $192.00 $384 $0.00 $0.00 0o/o
B" reducefg 5,0 3.0 ca $275.00 $1.375 s275.00 5EZ5.OO B0%
8'DIP 410.0 245.0 rf s28.00 $11,480 $275,00 s6,660.00 62Yo
6" Ya[vg8 20.0 15.0 ea $495.00 59,900 $0.00 57,4z,5.9U 75o/o
4, DIP 816.u tf s25,00 $20,400 s0.00 $0.00 0%
4" valves 2.0 ea $325.00 s650 $0.00 s0,00 Oo/o
4'bonds 3.0 ea s220.00 $660 $0.00 $0.00 0%
Flre Hydrants 20.0 1s.0 ta 92,500.00 $60,000 s0.00 s37,500.00 75%
\Alatar service 74.O 120 e8 $1,300.00 $96,:50.00 s15,600.00 160/o
6-" pyc (or8)1,960.0 58.0 ea $26.00 5s0,960 $11,1s8.20 $1,508,00 25o/o
8'PVC (8-12'4,996.0 262.O ea $31.s0 s157,374 $t t3,ozg.a5 $8,253.00 n%
g" PVC (12-16')2,740,O ea s37.00 $101,3E0 T-toa,sq9.4o I 1O7o/o}-
E'PVC (16-20')1,541.0 ca $46.50 s71,657 $73,111.80 I 1QZ"/ol--
Restraineci joint sewer 1,580.1f s8,60 $13.58t s2,743.40 $0.00
s0.00 $0.,o"hTV Seurer line 11,237.0 $2.10 $23,59t
Manholes 50.0 3.0 ea $2,000.00 $100,000 $83,000.00 s6,000.00 89%
Xoepth Manhote 244,2 15-0 Yf s120.00 $2s.29t $27,502.90 $1.800.00 100%
Sewef Sarvice 74.0 4.0 6a $1,400.00 s10s.600 s85,050,00 $5,600.00 88%
ma
18t
r48
1G9
, uo/.r'lHH. (.cavat 3:39Pt,1 $4SFSPEN GLEN GOL[__99 COwS1
--t
Gould Conetruction' lnc.
No' 183 P'ilioaroot
223Wat3r
I Gravel Crushlry ted1_J#
Totel 4,'167'445 1,085,282 712,937
Retainage 10E,S2E 71'294
976,754
Totrl Due thlr Requcst B{1r6tln
43%
4{o' o8to = d
,ltO - 04Q =
1lD - tV4 =
,ltD - lrlT=
4 tD- tl D=
,1tD - 226 =
110- t1.1 -_
b, t-oDD.oo
16?,,W-ffi
'fiq,Lfr.10e
31,111. 00
t03,5@0. 4 0
q,45D , oO
(24, b+.0o)
+ -71?,q3v,5?
R!)aLW fil ,AQ?,Ld|)
s to'-ll ,\e42,9+
8o + 45tsq
NATFENCOI T^DO
AT'ORNEYEATLAW
DAVDJ.MTA,E*P.C. '
E.ItrICHAELIIOFFIIIAN I
ttrArtlEr.lla8vEy I
Elllm!d
l.AwoFFlcEs
FREII,ICH, MYlrn, LEITNER & CARLISLE
A PARTNERTHIF ll,lctuDlilG PROFEBAONAL C€RFORAIIONB
106 SouHMu-rSmnsr
SurrB202
Aspat, CoroRaoo 81611
FACSIMILE
(970) 93M2t9
TELEP}IOM
(970) 930.101 t
Iil KAI{SAI CIIY, }YIBEOTJEI
FEilJE. I, TN{!N E CET T,U
ATTOI}IEYE AT LAW
BOBER'tl RTEXLTCB, P.C. $/
MAf,TTN L. TXITIIER P.C, '
NCHAnD G, C{lLttLB P.c. I
STEFIGN r. !,toof,a. r,c.'
6, tr{ARr,gHtrE st
XYI.EB' FooIgl
^lll{lttDD
cr, qr. rY' M I
CERTIFIED LTI{D UsE ?LAI{NEXS
MICIIAELJ. TIUEN' AICF
JBNNBEB X. EARIEtt, AICE
KIMt. BBOPIIY, AICP
February 21,2000
Sent Vit Facsimile
970-285-9721
Tom Beard
Gadeld Cqll$ty H-ollsrqJ AUtoILtY
109 8t Steet, Suite
-
Glenwood SPrirgs, Colorado t1601
Re: Master Deed Restiction. Midland Point subdivision
Dear Tom:
At yopr request I have reviewed the above-referenced Master Deed Restriction and would
offer the following comments:
L Overall the drafter has done an excellentjob of incorporatiug the necessary ingredients of an
enforceable affordable housing restiction.
Z, I suggest ttrat Section 1.4 be qualified to prohibit the Declarant from encumbering the
affordable housing lots nnless those encumbrances are subordinate to the Declaration.
3, you may wish to consider charging an oumer the default rate of intercst speoified in any
promissory note that the Housing Authority may cure in Se6ion 2.4
4. With respect to Permitted Capital Improvements as described in Section 3.2 andExhibit B,
you may wishto consider a iap on the cost of improvements that may be reoovered in the
ma:rimum rc.sale price. Such i cap could be based on a percentage of the initial sde price
ofthe unit (i.e. l0%o).
ild fil
l
IldUf, 8 dfNIIf-l 'U3lAl^l 'H3IlI3dl bldZIzZ@ AA, Z? gal
FREILICH, IVTYIJ& LEITNER & CARLISIX
Tom Beard
Febnrary 21,2000
Page2
5. In Section 3,7, youmayuantto consider a mechanism (keep it simple) whereby the HousinB
Authority can approve sales contracts with the undsrstanding ttrat no closings will occur
unless in accordance with approved sales cortracts,
G. Withregardto Section 3.t,I would askthe drafterofthis Declaration whatthey are intending
to cover by the phrase "provided such aption does not otherwise conflict with applicable lad'
in the sixth line at the end of the first sentence .
7 , With regard to the restictions in Section 4.4, you may wish to consider a specific geographic
area (i,i. Rifle to Aspen and Glenwood Springs to Eagle) in which ownership of other
residentialpropeffy isprohibited as well as amechanismto excludepure investments inreal
estate in addition to constructioo and development such as mortgaging, ownership of stock
in a company that owns atr apafiment building, and the like.
8. Tsugge5t addifig eilEagdnsrperp*uities elarse roSectionlt.
g. You may wistr to consider expanding the option to pruchase as set forth in Exhibit C to
include any party that obtains a foreclosure certificate instead of limiting it to the holder of
the pmmissory note which is securpd by the deed of tnrst which is being foreclosed. It is
always possible that a third party may bid more than the holder of the note and thus be in a
position to obtain title if the owner does not redeem,
If you have any questions regarding the foregoing comments, please do not hesitate to call.
Very Truly Yotus,
FREILICH, MYLER LEITNER & CARLISLE
,r.fu
David J. Myler
DJM:ds
G:\Oicn!\Ir{iro. DJM(htlleld Houring authority
Ilduf B dSNl-If-l 'Uf-lAl^| 'H3I-lIfdl Ad€lzZZ AZ, ZZ AaJ
-
s, ourrD€ ^To*dl(eurt t.++ Asser
)p-n ff- Lf a-r/CI7'2,' t-,1;iffiz.,
Lm tto
gpr CePtr alt
lZ a"/o
DECLARATION OF MASTER DEED RESTRICTION
AND A.REEMENT coNCnnNtNC ign sar'nroJcurANcY AND RESALE
pRopERrY r.r.ffiBJe's L911-iioi11L9T A-3' AND Lor A-4
MIDLAND PoINT,u,,,,oiiiN, cAnrrglo
^iouNrY,
C oLoRAD o
THISDECLARATIONoFMASTERDEED_RESTRICTIONANDAGREEMENT
coNcERNINc*m ser_E, occupAN;! A,.ID *r,se"" 5r pnopenry described as Lot A- t
'
Lor. A-Z,Lot A-3, and Lot o-o ooiirrnJ po*, sruai'i'tn' cutrttto county' colorado
(.,Agreement,,) is *ia. .ra *.r.4 into ifrit
- -
I a"V "f i"'""O' 2000' by Corvell Ranch Co''
LLc, acotorado limited liability ,"rtp;1tI"i5""lu'dff tt'" u"#tt oritte parties and
enrorceabre uy *,. Curfietd countv #;J#;;;"tv diaHA''; 'j'll-::"stituted
housing
authority estabrished pursuant to colorJ;iffi and the BoarJof county commissioners of Garfield
CountY (the "CountY")'
RECITALS AND DEFINITIONS
WHEREAS,Declarantistheownerofandrsinlheprocess.or{ev1r-olingandplattinga
residential "o**,rnity
known as Midlani i,"rri cutntra county' colorado; and
WHEREAS, Declarant desires to set aside four (4) Lots within Midland Point, for the
py'p:1':1""y';'rffislllTlIlfltTx*i*1#Ili*;f3:,iHr'*";ff '::'ilil
which Lots are lden
described on Exhibit .,rt', auach.o n.r.iiu"ne;;;;p;;ai.r.i" by this reference' For purposes
of this Agreement, such real property urra uu dwellings, uppr*.n*tes, improvements and fixtures
associated th.re*ith rhall heieinaft* u" tJitttively itr"titJio as the;'Property''; and
WHEREAS, it is recognized and agreed tt*,:'*-l',*;1'ril1,i;J["ff il:"iTl,l;jl
::fr3f#"""r'Ji,,*f,:X;l*l*"1'mii#',X.:..;^"eu.nor'uiaLotsmav6ere-subdivided
along the common party walt into ,*i'til;;#;';'*"i" ""t;;;;t" with appticable Garficlc
CountY regulations; and
WHEREAS,theDeclaranthasorwillenterirrtooneormoregy.i."::relationships,
general contracto-r-experienced in tf'" tln'truttion of '".'liAtntial
dwelling units for the pu'
constructing seven (7) residentialhousi"ii;;G;^ the l:ts
comprising the Propertv' tnc
aforesaid two-family iots, which.lots, as the same now i;;';;;tttelaia two-family '
re-subdivided, togeiher with a, improvements thereon unJ upfunrnances thereto' sL'
te referred to as "Units"; and
WHEREAS,aftercompletionofconstruction'eachUnit'togetherwithtt
and other i*pror"*Lr:* it*r.o" una uppu.tlnances thereto, shall be conveyed I
as that term is defined in this Agreement; and
-1-
WHEREAS, the term "Qualified Buyers", as used herein, are natural persons meeting the
income, residency and all other qualifications contained in Section 4.07.11, et. 59g. of the Garfield
County Zoning Resolution and in the Garfreld County Affordable Housing Guidelines of 1999
(collectively, 'ih" Affordable Housing Regulations"), as adopted and in effect at the time of the
closing of itre sale of the Unit to quaiifiea Buyers, 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
wlthin the Unit othei 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
WHEREAS, the term "Owner", as used herein shall mean the person(s) who acquire an
ownership interest in a Unit in compliance with the terms and provisions of this.Agreement, it being
understood that such person(s) shali be deemed an "Owner" hereunder only during the period of his,
her or their ownership interesiin tt e Unit and shalt be obligated hereunder for the full and complete
performance and observance of all covenants, conditions and restrictions contained herein during
such period. It is expressly understood that the term "Owner" as used in this Agreement does not
include the Declarant'
NOW, THEREFORE, for 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 successors and assigns,
hereby declares that the Property, and each unit within the Property, shall be owned, held,
transferred, conveyed, sold, lelsed, rented, hypothecated, encumbered, used, occupied, improved,
altered and enjoyed subject to the covenants, conditions, restrictions, privileges, rights and other
frovisions frer.i, set forth, for the duration hereof, and all of which shall run with the land and be
tiraing upon all Owners, occupants and other persons having or acquiring any right, title or interest
in or to the property or any-Unit thereo{ and their respective heirs, personal representatives,
successors and assigns and shall be binding upon and inure to the benefit of the County and GCHA
and their respective successors and assilns. All persons who purchase Units shall be Qualified
Buyers, as such term is defined in this Declaration'
I .2 Declarant hereby restricts the acquisition or transfer of the Units to Qualified Buyers,
as that term is defined in this Agreement, who fall within the qualifications and income range
established and adopted by the cCHe or the County from time to time in its Affordable Housing
Regulations. In adiition, Declarant agrees that this Agreement shall constitute a resale agreement
,.ting forth the maximum resale pricJfor 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 evidencing grantee's acknowledgment 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 this Agreement with respect
to the use and occupancy of the Property or any Unit thereof shallnot apply to Declarant during its
ownership thereof prior to the issuance of a Certificate of Occupancy for dwelling units constructed
thereon; provided, however that upon issuance of Certificate of Occupancy the Declarant shall be
subject to all terms and conditions of this Agreement and provided further that the Declarant shall
make no transfer of any Unit except to a Qualified Buyer as defined in this Agreement.
I .5 Notwithstanding any provision of this Agreement to the contrary, in order to facilitate
provision of affordable housing in Garfield County, it is expressly agreed and acknowledged that the
GCHA or the County as an agent of the GCHA may acquire and transfer the Unit(s) to Qualified
Buyer(s) as that term is defined herein or rent the Unit(s) to qualified tenants who meet the income,
occupancy and all other qualifications established by the GCHA or the County in its Affordable
Housing Regulations until a sale to a Qualified Buyer is effected.
SECTION 2
USE AND OCCUPANCY OF PROPERTY
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 of Qualified
Buyer(s) and their families.
2.2 An Owner, in connection with the purchase of a Unit, must: (a) occupy the Unit
within this Property as his or her sole 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
or by applicable ordinance; (c) sell, convey, or otherwise transfer such Unit only in accordance with
this Agreement and the Affordable Housing Regulations.
2.3 It shall be a breach ofthis Agreement for an Owner who defaults in payments or other
obligations due or to be performed under a promissory note secured by a first lien deed of trust or
mortgage encumbering a Unit to fail to notify the GCHA, in writing, of any notification received
from a lender, or its assigns, of past due payments or default in payment or other obligations due or
to be performed under a promissory note secured by a first lien deed of trust or mortgage, as
described herein, within five (5) calendar days of Owner's notification from lender, or its assigns,
of said default or past due payments.
2.4 Upon receipt of notice as provided in subsection2.3, GCHA shall have the right, in
it's sole discretion, and with the agreement of the Owner, to cure the default or any portion thereof.
-3-
In such event, the Owner shall be personally liable to GCHA for past due payments made by the
GCHA together with interest thereon at the rate specified in the existing promissory note(s) secured
by the first lien deed of trust or mortgage, and all actual expenses of the GCHA incurred in curing
the default. The Owner shall be required by GCHA to execute a promissory note secured by a deed
of trust encumbering the Unit in favor of the GCHA for the amounts expended by the GCHA as
specified herein, including future advances made for such purposes. The Owner may cure the default
and satisfy its obligation to the GCHA under this subsection at any time prior to execution of a
contract for sale, upon such reasonable terms as specified by the GCHA and, if applicable, any such
satisfaction shall comply with Fannie Mae's community seconds program requirements. Otherwise,
an Owner's indebtedness to the GCHA shall be satisfied from the Owner's proceeds at closing.
SECTION 3
SALE OF UMT: MAXIMUM RESALE PRICE
3.1 In the event that an Owner desires to sell his Unit the Owner shall consult with
GCHA, or its agent, to review the requirements of this Agreement, including the method for
determining the Maximum Resale Price. Following approval of the Maximum Resale Price by
GCHA, the Owner may list or advertise such unit for sale with a licensed Colorado real estate broker
of Owner's choice, for a sales price not exceeding the Maximum Resale Price. If Fannie Mae or
similar financing (as solely determined by GCHA) is used, there may be a fee charged by GCHA
based on the amount financed. The amount of such fee is to be paid by the borrower and shall be
set forth in the current Affordable Housing Regulations and will be distributed to the GCHA
Mortgage Fund Account.
3.2 In no event shall a Unit be sold for an amount in excess ofthe 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 plus the cost of Permitted Capital
Improvements as defined on Exhibit B attached hereto and incorporated herein by this reference
divided by the Consumer Price Index, All Items, DenveriBoulder, 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. 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 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 less than
the Owner's purchase price, plus Permitted Capital Improvements, 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.
NOTHING I{EREIN SHALL BE CONSTRUED TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY THE DECLAILT{T, GCHA OR GARFIELD
COUNTY THAT UPON RESALE THE OWNER SHALL OBTAIN TFIE MAXIMUM
RESALE PRICE.
-4-
3.3 In order to qualifu as Permitted Capital Improvements, the Owner must furnish to the
GCHA the following information with respect to the improvements which the Owner seeks to
include in the calculation of Maximum Resale Price.
Original or duplicate receipts to verify the actual costs expended by the Owner
for the Permitted Capital Improvements; and
Owner's affrdavit verifying that the receipts tendered are valid and
and
True and correct copies of any building permit or certificate of occupancy
required to be issued by the County 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 amounts specified in subsections 3 .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 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
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 Owner's
customary closing costs nor accept any other consideration which would cause an .-rcrease 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 GCHA pursuant to the requirements of the
Affordable Housing Regulations then in effect. Documented proof of qualification shall be provided
by the potential buyer, as requested by GCH,\ 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 may reject any and all offers; provided, however, offers in excess of
the Maximum Resale Price shall be rejected.
3.8 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 subsection 3.1 above; provided such action does not otherwise conflict with applicable law. The
hi-ehest 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 satisfies all obligations under any
-5-
existing first lien deed of trust or mortgage, shall be accepted. If atl such bids are below the lesser
of ninety-frve percent (95%) of 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 to 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 GCHA and
shall use due diligence and make all reasonable efforts to accomplish the sale of the Unit. In the
event GCHA finds and determines that such Non-Qualified Transferee(s) have failed to exercise
such due diligence, 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.
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.
Non-Qualified Transferee(s) shall not: (1) 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 Agreement and the Affordable Housing Regulations; or (5) sell or
otherwise transfer the Unit for use in a trade or business.
Where the provisions of this subsection 3.8 apply, 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.
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 4
OWNER RESIDENCY REOUIRED
4.1 Each Unit shall be utilized only as the sole and exclusive place of residence of an
Owner.
4.2 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 3.8 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 on the Unit for fewer than nine
(9) months per calendar year without the express written approval of the GCHA. Where the
provisions of this subsection 4.2 apply, the GCHA may require the Owner to rent the Unit in
accordance with the provisions of Section 5, below.
-6-
4.3 If an Owner of a Unit must leave Garfield County for a limited period of time, and
desires to rent the Unit during such absence, a leave of absence may be granted by the GCHA for up
to one ( I ) year upon clear and convincing evidence demonstrating a bona fide reason for leaving and
a commitment to return to Garfretd County. A letter must be sent to the GCHA at least thirty 1:01
days prior to leaving, requesting permission to rent the Unit during the leave of absence. Notice of
such intent, and the ability to comment, shall be provided to any applicabte homeowners' association
at the time of request to the GCHA The leave of absence shall be for one (l) year and may, at the
discretion of the GCHA be extended for an additional one (l) year; but in no event shall the leave
exceed two (2) years. The Unit may be rented during the one (1) or two (2) year period in
accordance with Section 5, below.
If at any time the Owner of a Unit also owns any interest alone or in conjunction with
others in any developed residential property or dwelling unit(s), Owner agrees to immediately list
or advertise said other property or unit(s) for sale and to sell Owner's interest in such properti at a
sales price comparable to like units or properties in the area in which the property or unitlr; ur.
located. In the event said other property or unit has not been sold by Owner within one hundred
twenty (120) days of its listing or advertisement for sale, then Owner hereby agrees to immediately
offer the Unit subject to this Agreement for sale pursuant to the provisions of subsection 3.8 of this
Agreement. It is understood and agreed between the parties hereto that, in the case of an Owner
whose business is the construction and sale of residential properties or the purchase and resale of
such properties, the properties which constitute inventory in such an Owner's business shall not
constitute "other developed residential property" or "dwelling unit(s)" as those terms are used in this
subsection 4.4.
SECTION 5
RENTAL OF LINIT
5.1 An Owner may not, except with prior written approval of the GCHA and subject to
GCF{A's conditions of approval, rent the Unit. Prior to occupancy, any tenant must be approved by
the GCHA in accordance with the income, occupancy and ali other qualifications established by thl
GCHA in the Affordable Housing Regulations. 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 term in excess of twelve (12) months. A signed
copy of the lease must be provided to the GCHA prior to occupancy by any tenant. The rental
amount under any such lease approved by 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. 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 4.
5.2 NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE GCHA TO
PROTECT OR INDEMNIFY TFIE OWNER AGAINST ANY LOS SES ATTzuBUTABLE TO THE
-7-
RENTAL, INCLTTDING (NOT BY WAy OF LTMITATTON) NON-PAYN{ENT OF RENT OR
DAMAGE TO THE PREMISES; NOR TO REQUIRE TFIE GCHA TO OBTAIN A QUALIFIEDTENANT FOR TFIE OWNER IN TFIE EVENT THAT NONE IS FOLTND BY TI-IE OWNER.
6.1 In the event that GCHA has reasonable cause to believe the Owner is violating the
provisions of this Agreement, the GCHA, by its authorized representative, may inspect a-Unit
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providlng ttre Owner
with no less than 24 hours written notice.
6-2 The GCHA, in the event aviolation of this Agreement is discovered, 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 GCHA within
fifteen (15) days to determine the merits of the allegations. If no hearing ir."qu.sted 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 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 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 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 Directors (hereinaftei
referred to as Board under the following procedures).
7.2 Filine a Grievance
a Any grievance must be presented in writing to the GCHA. It may be simply
stated, but shall specify the particular ground(s) upon which it is based; the action requested;
and the name, address, and telephone number of the complainant, and sirnilar information
about his/her representative, if any.
b Upon presentation of a written grievance, a hearing before the GCHA Board
of Directors shall be scheduled forthe next scheduled Board melting. The matter may be
continued at the discretion of the Board. The complainant shatl be afforded a fair heaiing
SECTION 6
-8-
providing the basic safeguard of due process, including notice and an opportunity to be heard
in a timely, reasonable manner.
c The complainant and the GCHA shallhave the opportunity before the hearing,
and at the expense of the complainant, to examine and to copy all documents, records, anJ
regulations of the GCHA that are relevant to the hearing. Any document not made available
after written request may not be relied upon at the heaiing.
d The complainant may be represented by counsel at their own expense.
7.3 Conduct of the Hearing.
a If the complainant fails to appear at the scheduled hearing, the Board may
make a determination to postpone the hearing or make a determination based upon thlwritten documentation and the evidence submitted.
b The hearing shall be conducted by the Board as follows: oral or documentary
evidence may be received without strict compliance with the rules of evidence applicable tojudicial proceedings.
c The right to cross-examine shall be at the discretion of the Board and may be
regulated by the Board as it deems necessary for a fair hearing.
d Based on the records ofproceedings, the Board will provide a written decision
and include therein the reasons for its determination. The decision of the Board shall be
binding on the GCHA which shall take all actions necessary to carry out the decision.
SECTION 8
REMEDIES
8.1 This Agreement shall constitute covenants running with the real property, described
in Exhibit "A", as a burden thereon, for the benefit of, and shalibe specificallyenforclable by theGCHA Garfield County, and their respective successors and asiigns, as applicable, by any
appropriate legal action including but not limited to specific performance, injuncii,o.r, rer"rsitn, or
eviction of 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 party shall be entitled to recover damages and costs, including reasonable
attorney's fees.
8.3 In the event of any sale, transfer or conveyance of the Property or any Unit thereof
in violation of this Agreement, such sale, transfer or conveyance shall bewholly null and void and
shall confer no title whatsoever upon the purported transferee(s). Each and every conveyance of the
-9-
Property or Unit, for all purposes, shall be deemed to include and incorporate by this reference thecovenants, conditions, limitations, and restrictions herein contained, even withort ,"f.."n.e thereinto this Agreement.
8 4 In the event that the Owner or occupant fails to cure any breach, the GCHA mayresort to any and all available legal action, including, but not limited to, specific performance of thisAgreement or a mandatory injunction requiring sale of the Unit by ownei u, ,p..ifi"d in subsection3 8 The costs of such sale shall be taxed against the proceeds ofthe sale with t'he balance being paidto the Owner.
8'5 In the event of a breach of any of the terms or conditions contained herein by theOwner, his heirs, successors or assigns, the Owner's purchase price of the Unit as referred to inSection 3 of this Agreement shall, upon the date of such bieach as determined by GCHA,automatically cease to increase as set out in Section 3 of this Agreement, and shall remain fixed untilthe date ofcure ofsaid breach.
SECTION 9
FORECLOS{'RE
9' l Except as may otherwise be specifically provided in a written, recorded Option toPurchase between a lender, GCHA and a borrower, the form of which is attached hereto andincorporated herein by this reference as Exhibit "C';, any purchaser acquiring any rights in theProperty or a Unit by virtue offoreclosure of a lien shall be deimed to be a Nion-e;ualified Transferee
subject to the provisions of S ection 3 . 8 of this Agreement. In the event of a foreclosure, nothingherein shall be construed to create a release or waiver of the covenants, conditions, Iimitations andrestrictions contained in this Agreement except upon the terms and conditions specified in thatcertain Option to Purchase, as referenced above. The Declarant expressly consents and agrees to theterms of that certain option to Purchase; including, without limiiatiorl the release provisions ofparagraph d. The covenants, conditions, limitations and restrictions contained in ttris Agreement
shall otherwise survive any foreclosure proceeding.
9 '2 In the event that GCHA or any agent of GCHA, exercises the option pursuant to theterms of that certain_option to Purchase, as referenced above, the GCHA and/or its;gent, may sellthe Unit (s) to Qualified Buyers as that term is defined herein, or rent the Unit(s) to qualified tenantswho meet the income, occupancy and all other qualifications established by the GCHA in itsAffordable Housing Regulations until sale to a eualified Buyer is effected.
- l0-
SECTION IO
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
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:Coryell Ranch Co., LLC
9929 State Hi,ehway 82
Carbondale, CO 81623
Garfield County Housing Authority
Attn: Garfield County Aftordable Housing Corporation
109 8'h Street, Suite
Glenwood Springs,
To County:Garfield County Commissioners
109 8th Street, Suite
Glenwood Springs,
To Owner:[To be set forth in a subsequent recorded Memorandum
of Acceptance for each individual Unit]
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.
I0.3 Choice of Law. This Agreement and each and every related document is to be
governed 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.
10.5 Section Headines. Paragraph or section headings within this Agreement are inserted
solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the
construction of any terms or provisions contained herein.
To GCHA:
co 81602
co 81601
-l l-
10.6 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 party for whose benefit a condition is
inserted herein shall have the unilateral right to waive such condition.
10.7 Gender and Number. Wheneverthe 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.
10.8 Personal Liability. Owner agrees that he or she shall be personally liable for any of
the transactions contemplated herein.
10.9 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 carry out the
provisions and intent ofthis Agreement or any agreement or document relating hereto or entered into
in connection herewith.
10.10 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
County, and recorded with the Clerk and Recorder of Garfield County, Colorado. Notwithstanding
the foregoing, 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 County.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and
year first above written.
DECLARANT:
CORYELL RANCH COMPANY, LLC,
a Colorado limited liability companyBy: Coryell Ranch Management Company, Inc.,
a South Carolina corporation, its Manager
By:
Its:
-t2-
STATE OF COLORADO )
)ss
coUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
January,2000, by_
for coryell RanchMlnagement company, In.@o@
Ranch Company, LLC,, a Colorado limited liability company.
Witness my hand and official seal.
Notary Public
My commission expires
My address is:
c:\wp-dos\LG\AG\Coryell\Doorments\. . .362.99
- l3-
ACCEPTANCE BY TFIE GARFIELD COLINTY HOUSING AUTHOzuTY
The foregoing Declaration of Master Deed Restriction and Agreement Concerning the Sale,
Occupancy and Resale of Property described as Lot A-1, Lot A-2, Lot A-3, and Lot A-4 Midland
Point Subdivision, Garfield County, Colorado and its terms are hereby adopted and declared by the
Garfield County Housing Authority.
GARFIELD COUNTY HOUSING AUTHORITY
By:
Title:
STATE OF COLORADO )
)ss
couNTY oF GAnFIELD )
The above and foregoing document was acknowledged before me this
2000, by
Witness my hand and official seal
Notary Public
My commission expires:
My address is.
day of
AS
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COLINTY
Chairman
By
Attest:
- 14-
Clerk of the Board
EXIIIBIT "A"
Legal Description
LOT A-I, LOT A-2, LOT A-3, AND LOT A-4, ACCORDTNG TO
THE FINAL PLAT OF MIDLAND POINT RECORDED IN TFTE
OFFICE OF T}IE CLERK AND RECORDER OF GARFIELD
COUNTY, COLORADO, ON
RECEPTION NO.
2000, AS
-15-
EXHIBIT "B''
Permitted Capital Improvements
l. The term "permitted capital Improvements" as used in the
include the following:
Agreement shall only
Improvements or fixtures
functional, non-decorative improvements
and/or maintenance improvements;
erected, installed or attached as permanent,
to real property, excluding repair, replacements
b.
c.
d.
e.
f.
oE.
h
Improvements for energy and water conservation,
Improvements for the benefit of seniors and/or handicapped persons;
Improvements for health and safety protection devices;
Improvements to add and/or finish permanent/fixed storage space,
Improvements to finish unfinished space;
Garages;
The cost ofadding decks and any extension thereto.
Landscaping;
Upgrades/replacements of appliances, plumbing and mechanical fixtures,
)
following:
Permitted Capital Improvements as used in this Agreement shall NOT include the
a.
b.
carpets and other similar items included as part of the original construction of the unit;
c. Jacuzzis, spas, saunas, steam showers and other similar items;
d. Improvements required to repair, replace and maintain existing fixtures,
appliances, plumbing and mechanical fixtures, painting, carpeting and other simitar items;
e. Upgrades or addition ofdecorative items, including lights, window coverings,
floor coverings and other similar items.
3. AII Permitted Capital Improvement items and costs shall be approved by the GCHAprior to being added to the Maximum Resale price as defined herein.
- l6-
EXIIIBIT "C''
OPTION TO PURCHASE
In the event.of a foreclosure by the holder (including here and hereinafter assigns of theholder) of the promissory note secured by a first lien deed of trust or mortgage on the property
described as * , also known as * (hereinaftir the "Property"), and subject to the issuance of a publictrustee's, sheriffs, or other foreclosure deed to the holder iollowingthe expiration of all staiutoryredemption rights, the Garfield County Housing Authority (the "GCHA,,), and the Board of CountyCommissioners of Garfield County, Colorado lihe "County)'), u, the agent of the GCHA shall havethe option to purchase the Property which shail be e*.rcis.d in the foiiowing manner:
a' Notice' The holder shall give such notice to the GCHA and the County as is requiredunder Colorado law in the foreclosure proceeding. Said notice shall be sent by certified mail,return receipt requested, and addressed, as set forth below, or to such other address as maybe directed in writing by GCHA or the County:
Garfield County Housing Authority
109 8m Street, Suite
Glenwood Springs, CO Sl6Of
Board of County Commissioners of Garfield County
ATTN: County Manager
109 8th Street, Suite
Glenwood Springs, CO Sl6Of
b Option to Purchase. The GCHA and the County, as the agent of the GCH.\ shallhave 30 days after issuance of the public trustee's, sheriffs or other foreclosure deed inwhich to exercise this option to purchase by tendering to the holder, in cash or certifiedfunds, an amount equal to the redemption price which would have been required of theborrower or any person who mighl be liable upon a deficiency on the last day ofihe statutoryredemption period(s) and any additional reasonable costs incurred by the holder during thloption period which are directly related to the foreclosure; provided, that exercise of theoption by one optionee shall terminate the right of the other tb exercise the option.
c' Title. Upon receipt of the option price, the holder shall deliver to either the GCHAor the County, as designated by the GCHA, a special warranty deed, conveying the property
to either the GCHA, or the County, as designited. The holder shall convey only such titleas it received through the public trustee's, sheriffs or other foreclosure deed and will notcreate or participate in the creation of any additional liens or encumbrances against theProperty following issuance of the public trustee's, sheriffs or other foreclosure deed to theholder. The holder shall not be liable for any of the costs of conveyance to the GCHA or itsagent.
-ll -
d' Release. In the event that the holder is issued a public trustee's, sheriffs or otherforeclosure deed and neither the GCHA or the County exercise the option to purchase, asprovided herein, the GCHA shall cause to be recorded in the records of the Clerk andRecorder of Garfield County a full and complete release of the Property from the Declarationof Master Deed Restriction and Agreement affecting the property-which appear in saidrecords in Book
-
at Page Such release stratt be placed of record wittrin l4 daysafter expiration oTthioption an? a certified copy of the release shall be mailed to the holderupon its recordation.
e' Perpetuities Savings Clause. Ifany ofthe terms, covenants, conditions, restrictions,
uses, limitations, obligations or options created by this option to purchase shall be unlawfulor void for violation of: (a) the rule against perpetuiiies or some analogous statutoryprovision, (b) the rule restricting restraints on alienation, or (c) any other statutory orcommon law rules imposing like or similar time limits, then such prouirion shall continueonly for the period of the lives of the current duly elected and seated Board of CountyCommissioners for Garfield County, Colorado, their now living descendants, if any, and thesurvivor of them, plus twenty-one (21) years.
f' Successors and Assigns. Except as otherwise provided herein, the provisions andcovenants contained herein shall inure to and be binding upon the heirs, successors andassigns of the parties hereto.
g Modifications. The parties hereto agree that any modification to this option topurchase shall be effective only when made by a writing signed by the parties and recordedwith the Clerk and Recorder of Garfield County, CJoruOo; p.orid"d, however, nomodification affecting the rights of the County shalibe effective without the prior writtenconsent of the County.
- l8-
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and
year written below.
HOLDER OF FIRST DEED OF TRUSTAyTORTGAGE:
BY:
(Authorized Ofhcer)
TITLE:
MAILING ADDRESS:
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this
2000, by
Witness my hand and official
Notary Public
My commission expires:
My address is:
THE GARFIELD COI.INTY HOUSING AUTHORITY:
BY:
day of
(Authorized Officer)@ate)
TITLE:
-t9-
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
2000, by
Witness my hand and official
Notary Public
My commission expires:
My address is:
BORROWER:
@ate)
@ate)
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
2000, by
Witness my hand and official
Notary Public
My commission expires:
My address is:
-20-
P O. Box 1270, Carbondale, CO 81623
October 26,1999
Reid Haughey
Aspen Valley Land Trust
P.O. Box 940
Aspen, CO 81612
Sincerely,
ROARING
?n:970-704-9282
Fax: 970-704-9284
RE: NOTICE OF INTENTION TO UNDERTAKE RAIL CORRIDbR ACTIVITIES
Dear Reid;
Enclosed for your review and consideration please find a request by Schmueser Cordon
Meyer, lnc. on behalf of Aspen Clen and Coryell Ranch to place an underground utility
trench for water, gas, sewer and cable within the Railroad Right-of-Way.
I have reviewed the application and feel that the work can be accomplished under the
conseryation easement. I would request that the following conditions of approval be
considered:
1' The applicant shall enter into an agreement with RFRHA to allow for the placement and
continued use of the utility line;
2. The applicant shall post a financial assurance to guarantee that the right-of-way is
restored to its pre-existing condition once the work is complete. This financial assurance
should be mutually determined based on the fiscal plans and costs. I would like to
retain the financial assurance until the work is completed to my satisfaction.
Thank you for your review and consideration of this proposal. Please contact me if you
have any questions.
HOTDINC AUTHORITY
R. Noel Huff
Cc: Robert Noone, RFRHA Attorney
lan Hause, community ceneral Manager, Aspen clen (no attachments)
Mark Bean, Planning & Building Dept., carfield County (no attachments)
Creg Schroeder, P.E., Schmueser Cordon Meyer, lnc. (no attachments)
RECEivEn0eT2$nggg
JoHN A. THULSoN
EowARD MULHALL, JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TIMoTHY A. THULSoN
LoRr J. M. SATTERFTELD
EowARD B. OLszEwsKt
DAV|D SANoovAL
DENDY M. HEtsEL
CHRrsropHER L. CoyLE
JEFFERSoN J. CHENEY
VIA HAND DELIVERY TO:
BALCoNTB & Gnppx, p.C.
ATToRNEYS AT LAIV
(FoRMERLy DELANEy & BaLcoMB, P.C.)
P. O. DRAIVER 79O
818 CoLoR{Do A!.ENl]E
GLEt.rIvooD SPRINGS, CoLoRr\Do al6o2
Telephone: 970.945.6546
Facsimile: 970.945.9769
luly 21,1999
OF CoUNSEL:
KENNETH BALCoME
John Barbee, Senior Planner
Garfield County Building & Planning Department
109 8'h Street, Suite 303
Glenwood Springs, CO 81601
v ,iltN Exhibit 4
14, 1999.
Re:Coryell Ranch PUD
Dear John:
I am herewith delivering to you twenty copies of this letter and its Exhibits in response to
concerns of staff raised in your report on the Coryell Ranch PUD and Preliminary Plan Application.
The Exhibits hereto are identified as follows:
Exhibit 1. Letter of even date herewith from Dave Michaelson, together withits
attachments, which include revised PUD Zone Text language for the Coryell Ranch PUD; building
footprints for affordable housing lots; and viewshed analysis.
lr(/ A r*nron r. Memorandum from David M. Kotz, P.E., Schmueser Gordon Meyer, dated"/ July 20, 1999,regarding engineering issues for Coryell Ranch, together with its attachments, which' include a letter from CTliThompson, Inc. dated July 19, 1999; and, a letter from Felsburg Holt &
Ullevig dated July 9,1999.
Exhibit 3.8ll2" x
access easement between the
Subdivision and Midland Point
11" reduction of Preliminary Plan sheet depicting an emergency
cul-de-sac on Spirit Mountain Road within the Coryell Ranch
Road within the Midland Subdivision.
Letter from John M. currier, P.E., of Resource Engineering, Inc., dated July
RECEIVEDJUL 211999
GARFIELD COUNTY
Fi,fit{Na DEPARTMENT
ios CrH sr.'sulrE 3og
iiier'rwooo sPmHGs, co 8160l
IIALCONTB ct GRprx, p.C.
A,I"T'ORNEYS A'I' L..\\Y
John Barbee, Senior Planner luly 21,1999
PageZ
Exhibit 5. Document entitled Amendment to Construction and Reimbursement
Agreement between the Roaring Fork Water & Sanitation District, Aspen Glen Golf Company, and
the Board of County Commissioners of Garfield County.
We submit the Exhibits attached hereto address and resolve the concems noted in your staff
report on the Coryell Ranch PUD and Preliminary Plan dated July 14, 1999 as follows:
First, staff noted a number of concems about the adequacy of the legal water supply and
traffic impacts which arose from the language of the PUD Zone Text as originilly submittid which
would have allowed detached guest or caretaker quarters as a use by right within the Low Density
Residential Zone District. The Applicant has decided to eliminate such detached guest/caretaker
quarters as a use by right within this Zone District and the language of the revised PUD Zone District
submitted as an attachment to Dave Michaelson's letter so provides. We submit that this revision
to the PUD Zoning moots the request for additional information and the concems regarding water
and traffic as they relate to guest quarters, as set forth in Sections VI(D) and VII(D),1C), ana 6t; of
the staff report.
Dave Michaelson's letter (Exhibit 1) and its attachments also address and explain the other
modifications made by the Applicant to the PUD Zone Text as requested by staff. You will also find
attached to Dave Michaelson's letter, and explained therein, a sketch entitled "Building Footprints
for Affordable Housing Lots" which responds to the request for additional information set forth in
Section ViI(C) ofthe staffreport, and an attachment entilled "Viewshed dnalysis," which responds
to the request for additional information contained in Section VII(E) of the staff report
The supplemental engineering report by David M. Kotz, and its attachments, Exhibit 2,
answer many of the engineering concerns identified in the staff report.
As indicated in the Kotz report, the Applicant's engineer concurs that if the Coryell Ranch
PLJD water system is not connected to the Roaring Fork Water & Sanitation District's *uir. system,
homes in excess of 3,600 square feet will have to be sprinklered under the provisions of the Uniform
Fire Code. The Applicant agrees that all developmint within the Coryell Ranch pUD will meet
applicable provisions of the Uniform Fire Code. It is our understanding that in light of this
acknowledgment and agreement, staff will no longer be concerned that it is necessary that the
Applicant finalize the terms of a pre-inclusion agreement with the Roaring Fork Water & Sanitation
District regarding the provision of domestic water to Coryell Ranch prior to Preliminary plan
approval.
Attached to the engineering report is a letter from CTl/Thompson, Inc., dated July 19, 1999
which addresses concerns about debris flow. That letter, and the supplemental engineering report
itself, indicate that the ponds to be constructed within the PUD have been designed to safety
accommodate expected flood and debris flow without damage to private property.
B.{.LCoNrB & GnppN, p.C.
AI''I'ORNEYS A,I' TJA\V
John Barbee, Senior Planner July 21,1999
Page 3
The staff report raised a question concerning the adequacy of the traffic report which wassubmitted with the Application and requested the basis and justification for certain of the conclusion
stated in that traffic report. The letter dated July 9, 1999, from Felsburg Holt & Ullevig, attachedto the supplemental engineering information, provides the informatiJn requested by staff andreaffirms the accuracy of the traffic report contained within the original Application.
The staff report questioned the length of some of the cul-de-sacs within the Coryell RanchSubdivision. Attached hereto as Exhibit j is a reduction of the applicable preliminary plat sheet.It now depicts, and the Applicant will construct at its expense, an emergency access easement from
the end of the cul-de-sac on Spirit Mountain Road within the Coryell Ranch 3ubdivision to MidlandPoint Road within the Midland Point Subdivision. This emergency access easement will beconstructed of road base material adequate to provide an all-weather driving surface for emergency
service vehicles. It will be maintained year-round. Knockdown gates will be placed at appropriatelocations to ensure that this emergency access easement is used only in emergency circumstances.
The staff report raised a question about a possible interpretation of the water quality testresults included within the Application which could lead one to conclude that the quality oithe waterfrom the Coryell Ranch Well did not satisfy certain drinking water safety parameters. Attachedhereto as Exhibit 4 is a letter from John M. Currier, P.E., Resource Engine..i.rg, Inc., certi$ring thatbased upon actual water quality test results, the boryell Ranch domestic *it.. supply meets allapplicable drinking water standards.
The staff report requested additional information regarding the agreed upon method offinancial security to be provided by the Applicant to acquiri the riecessa[ sewer taps from theRoaring Fork Water & Sanitation District to provide seweiservice to the Coryell Ranch pLlD. Thisissue is addressed in the Roaring Fork Water & Sanitation District/Coryeli Ranch pre-Inclusion
Agreement contained in the original Application. However, in further explanation of thisarrangement, we have attached as Exhibit 5, a document entitled "Amendment to Construction andReimbursement Agreement", which was approved in connection with the County,s approval ofAspen Glen, Filing No. 6. That Agreement established a mechanism by which Aspen Glen will payfor construction of a second phase of capacity of the District's regionai wastewater treatment plant.This second phase of plant construction, together with the initial fhase ofplant construction alieadybuilt and paid for by Aspen Glen, will provide more capacity in the treatment plant then Aspen Glenwill need at full build-out.
The excess capacity acquired by Aspen Glen under the provisions of Exhibit 5 will provideservice to a minimum of 80 EQR's more thin Aspen Glen will ever need. The Coryell Ranch pUD
at build-out will require approximately 72 EQR;s of sewer treatment capacity. The developer ofCoryell Ranch has agreed with the developer ofAspen Glen to purchase this excess capacity ownedby Aspen Glen' The purchase will be accomplisled by the birt.i.t retaining all siwer tap feesreceived from development within Coryell Ranch as indicated in the pre-Inclusion Agreem.rt. eyretaining this money, together with the money to be retained from sewer tap fees paidly o*nr6 of
BALCoMB & GnrcrN, p.C.
ATToRNEYS Aa. I/Alv
John Barbee, Senior Planner July 21,1999
Page 4
lots within Aspen Glen as provided in the attached Exhibit 5, the District will be guaranteed that itwill have the money on hand, received from development, to construct additional wastewater
treatment capacity as and when it is actually needed to serve that development.
We believe the supplemental material included with this letter should satisfy staff s request
for additional information regarding the Application for PUD and Preliminary plan upprouui fo,
Coryell Ranch. We look forward to presenting this Application to the Planning und Zooing
Commission at its meeting on July 28. In the meantime, should you have any questions oi
comments, please do not hesitate to contact me.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.
xc: Donald L. Parris (w/out encls.)
Ian Hause (ilout encls.)
Dave Michaelson (w/out encls.)
T"Irocn
trc<mr
IJsru Dto,,,
PLANNINC o SITE DESICN . CIS ANALYSIS
July 21,1999
Mr. John Barbee
Garfield County Senior Planner
109 8'h Street
Glenwood Springs, CO 81612
RE: RESPONSES TO STAFF.CONCERNS - CORYELL RAIICH
Dear John:
As we have discussed, this document and accompanying graphics and text address the land use
planning issues raised in your initial staff memorandum for the Coryell Ranch Planned Unit
bevelopment. The following discussion addresses these issues point by point.
Planned Unit Development Issues
Issue #1a - 65lnclude all setbacks identified on the preliminary plan as langua9e contained
within the PUD Zone District Text."
Revised zone district text is attached to this document. Language pertaining to modified setbacks
based on geotechnical and wildlife issues are cited specifically, and areference to the building
envelopes shown on the PUD Plan is made directly.
Issue #lb - 6.Include recommendations concerning porches and accessory structures from
DOW as restrictions in tlle PUD zone text."
The revised text cited under Issue #1 also addresses this issue. In addition, the covenants and plat
notes will include a reference that no permanent structures are allowed outside the approved building
envelope.
Issue #lc - 56The PUD zone district text shall define 66homb occupation."
In order to simpliff the review of building permits and zoning review for the PUD, we have adopted
the definition of home occupation that is used by the Garfield County ZoningResolution, 1984 as
amended. This is cited directly in the revised zone district text.
220 MA|N STREET . CARBONDALE, CO 81623 o 970-963-1971 o FAX970-963-1622 . E-MAIL: rockcrk@sopris.net
Issue #1d- "The applicant shall provide proof of sufficient water for the proPosed guest
house/caretakers units or remove this use as a use by right in the PUD zone text."
The revised zone district text has eliminated guest houses/caretakers units from all zone districts.
Mr. John Barbee
luly 21,1999
Page 2
Preliminary Plan Issues
The Plan Sheet will be revised to indicate the locations of the proposed affordable housing duplexes.
As discussed with staff, I have submitted building envelopes for all four "AH" lots, which indicate
where structures would be placed on each lot. The duplexes will be located on Lots A2, A3 and ,{4.
The building envelopes are ample to contain duplex structures, and to simplify the AH zone district,
the zero lot iine request has been eliminated, and the zone text has been modified accordingly.
building heights in the Coryell portion of the project."
A View Shed Analysis is attached to this document. We selected three (3) lots that were the closest
to adjacent residences in the Aspen Glen Development, specifically Lots 3, 4 and 5. The photo scale
is consistent both horizontally and vertically. The scale is approximately 1" :40 feet. The three
(3) structures are actual buildings located within Aspen Glen that are approximately thirty-two (32)
feet in height, which have been digitally placed on the lots within Coryell Ranch. The structures
shown o, ih. View Shed Analysis assumes building locations on each lot that are as close to each
other as possible, as defined by the proposed building envelopes. Due to the relative size of the lots
within Coryell Ranch, the mass and scale of these buildings are noticeably less that the existing
condition on the smaller lots within Aspen Glen.
In addition to being the identical height as the adjacent development, the relative distance from the
Aspen Glen lots and the proposed Coryell Ranch lots range from four hundred (400) feet to one
thousand four hundred (1,400) feet. This physical separation is funher proof the impacts to adjacent
lots have been minimized.
The provision for guest house/caretakers units has been eliminated from the PUD.
house/caretakers units."
traffic impact study."
The provision for guest house/caretakers units has been eliminated from the PUD.
Mr. John Barbee
Jily 21,1999
Page 3
I hope we have addressed these issues to your satisfaction. If you have any questions, please feel free
Dave Michaelson
Principal Planner
Attachments:
Revised Zone District Text
Building Envelopes for the Affordable Housing Lots
View Shed Analysis
1.
2.
3.
to give me a call at963.1971.
LOW DENSITY RESIDENTIAL ZONE DISTRICT
(LDR ZONE DISTRICT)
CORYELL RANCH SUBDIVISION
Uses By Right: Single-Family residential uses plus accessory uses; home
occupaiion, as oefineA by the Garfield County ZoningResolution,lgS4 as amended.
Uses, Conditional: None
Uses, Special: None
Minimum Lot Area: Two (2) Acres
Floor Area Ratio: .25
Minimum Setback: Front:35 feet, rear = 35 feet, Side Yard = 10 feet or % height of
principle building, whichever is greater. Supplemental Setbacks due to Wildlife and
Geotechnical Issues are shown on the PUD Plan, and supersede the setbacks cited
above, where applicable.
Corner Lot Minimum Side Yard Abutting Private Street: 20 feet from roadway
right-of-way
Minimum Lot Depth: 200 feet
Minimum Lot Width: 100 feet (at building setback)
Maximum Height: thirty-two (32) feet
Minimum Off-street Parking per Dwelling Unit :4 spaces
nRocK
BcREEK
N)TUDIO,,,
Coryell Ranch PUD
G arfteld County, Colorado
Page 47
MEDIUM DENSITY ZONE DISTRICT
(MDR ZONE DISTRICT)
MIDLAND POINT SUBDIVISION
Uses By Right: Single-Family residential plus accessory usesl Home Occupation, as
defined by the Garfield County Zoning Resolution,l9S4 as amended.
Uses, Conditional: None
Uses, Special: None
Minimum Lot Area: 131000 Square Feet
Maximum Floor Area Ratio: .25
Minimum Setback: Front:30 feet, rear = 20 feet, Side Yard: 10 feet or % height of
principle structure, whichever is greater. Supplemental Setbacks due to Wildlife
and Geotechnical Issues are shown on the PUD Plan, and supersede the setbacks
cited above, where applicable.
Corner Lot Minimum Side Yard Abutting Private Street: 20 feet from right-of-way
Minimum Lot Width: 80 feet (at Building Setback)
Minimum Lot Depth: 110 feet
Maximum Height: Twenty-five (25) feet
Minimum Off-Street Parking per Dwelling Unit: 4 spaces
nRocK
Bcnrrr
N5TUDIO,..
Coryell Ranch PUD
Garfield County, Color ado
Page 42
AFFORDABLE HOUSING ZONE DISTRICT
(AH zoNE)
Uses By Right: Deed Restricted, Appreciation-Capped Duplex and Single-family
dwelling and accessory uses; home occupation, as defined by the Garfield County
Zoning Resolution, 1984 as amended.
Uses, Conditional: None
Uses, Special: None
Minimum Lot Area: .25 Acres
Maximum Floor Area Ratio: .35
Minimum Setback: Front :25 feet, rear : 25 feet, Side Yard : 10 feet
Minimum Lot Depthz 125 feet
Minimum Lot Width: 85 feet
Maximum Height: Twenty-five (25) feet
Minimum Off-street Parking per Dwelling Unit: 2 spaces
nRocK
T,CREEK
CI1TUDIO,,.
Coryell Ranch PUD
G afireld County, Colorado
Page 43
OPEN SPACE ZONE DISTRICT
Uses By Right: Open Space, Passive and Active Recreation, and typical open space
accessory uses including but not limited to barbecues, warming hut not to exceed
1000 square feet, shelters, gazebos and other uses not intended for residency.
Uses, Conditional: None
Uses, Special: None
Minimum Lot Area: .10 Acres
Minimum Setback: None
Maximum Height: Twenty-five (25) feet
UTILITY ZONE DISTRICT
Uses By Right: Utilities, including but not limited to pump houses,lift stations,
water tanks and access roads.
Uses, Conditional: None
Uses, Special: None
Minimum Lot Area: .10 acres
Minimum Setback: None
Maximum Height: Thirty-Five (35) feet
nRocK
F!CREEK
]:I5TUDIO,..
Coryell Ranch PUD
G afiield County, Colorado
Page 44
Photo
Taken Here
B.-
--a"
ia--q
,f$
' i.rit
'{1'/
t,l,tl
IrIt\
E\
\
\
\
EHDr
'.y'
oreyell Rancfo ' '', '
Viewshed Analysis
4&5
fr
h Orientation
6cnffir.
,z y',!72
l
t\q
('
M-13
0.451 ACt \
0.435 ACr \\
AREA A
1.O24 ACt
5\
\TA
com,Ioli\&,\
BUILDING FOOTPRINTS
FOR AFFORDABLE
HOUSING LOTS
s al.+];r\
,/ffi
-Fr
o
Co
:
N
f--
LO
oCC
Z-
\
'-/
M-14 \
,
)
)
nRocK-l
iEcnrrr I
Iilstupto,l
\A-l
.ia Act"W
t',.A-2
o.z?4 Acr
-r#
iA-3' 0.275 ACr
-ur,rW
lolr,
rs
" (970) 945-1004
FAX (970) 94s-5948
SGM-118 West 6th, Suite 200
Glenwood Springs, CO 81601
SCHMUESEF
GONDON MEYER
MEMORANDUM
DATE:
TO:
FROM:
July 2O, 1999
Mr. John Barbee
: : : : : ::
"
":' :' :" w;[r'[
m e n'1
RE: Coryell Ranch
Enqineerino lssues
This memo responds to three engineering issues
Coryell Ranch application. The various issues
paragraphs below:
identified in your staff comments
and our responses are described
on the
in the
h
that additional capacity will be required if homes in excess of 36OO s.f. are built.
Response:
The Coryell Ranch water system was designed as a stand-alone system, but with expectations
that the connection will be made to the Roaring Fork Water & Sanitation District water
system. Once this connection is complete, Coryell Ranch will have use of the additional
storage volume provided by the District's 7O0,OOO gallon and 3OO,OOO gallon tanks. lf the
connection to the District is not made, Coryell Ranch can meet the Uniform Fire Code
requirements if homes larger than 3600 s.f . have automatic sprinkler systems. ln a 7114199
telephone conversation, Bill Gavette, Fire Marshal, indicated that either sprinklering or making
the connection to the RFWSD would satisfactorily resolve his comment on fire storage.
DEBRIS FLOW FLOODING
In Section ll.C., the Colorado Geological Survey expressed a concern about the possibility of
debris entering the pond located northwest of the debris fan and causing flooding.
Resoonse:
This topic is addressed in the attached letter by CTliThompson dated July 19, 1999, which
states that significant amounts of debris are unlikely to reach this pond. I concur with their
assessment as the debris flow would have to travel approximately 4OO feet from the berm
location over a relatively flat depositional area prior to reaching the pond. Nonetheless, the
July 20, 1999
Mr. John Barbee
Page 2
pond is designed with two feet of freeboard over the normal water surface elevation to safely
handle large inflows in excess of the 1OO-year storm event. The 3O-foot wide overflow
spillway and downstream drainage structures have sufficient capacity to safely convey the
expected flood flows without jeopardizing downstream properties.
II ,' TRAFFIC GENERATION
otY
' /t\ The County Engineer, in Section l!.D. indicates that the trip generation figures appear to be
'lP low and asked to see the basis and justification for the figures presented.
Resoonse:
Felsburg, Holt & Ullevig performed the original traffic analysis. They have responded to this
comment in the attached July 9, 1999, letter. The traffic figures were based on Trip
Generation Sixth Edition, 1997, published by the lnstitute of Transportation Engineers (lTE).
This is the standard reference document for the industry. The most probable reason that the
numbers presented were lower than .the County Engineer's expectations was that they
correspond only to the peak hour during the a.m. and p.m. peak travel periods. The total
number of trips in either the a.m. or p.m. would be greater than the peak hour figures
presented. However, this is not pertinent to the original conclusions drawn in Felsburg Holt
& Ullevig's earlier report, which indicates that Coryell Ranch will have minimal impact on
adjacent highways.
These issues were briefly discussed with County Engineer, Bob Szrot, in a telephone
conversation on Thursday, July 15, 1999. Bob seemed to be in general agreement with my
response to each of these items. I had also informed Bob that supporting written information
(this memo and attachments) would be provided. Please let me know if you have any
questions, comments or require any addititnal information.
DMK
98081CO8.1/lec
Attachments
SCHMUESER GORDON MEYER, INC.
r!
!-l
tH__l
L r ,-, '.\ .-ti|;-',
,i!'! ..:q '-r
.{,,-,,
{ ;-/
"iy,tti; {1.-
July 19,,1999
Melrose Corporation
P.O. Box 21307
Hilton Head lsland, SC 29925
Attention:Mr. Jack Best
Subject: Geologic Consultation
Coryell Ranch
Garfietd County, Colorado
Job No. cS-2566
Gentlemen:
This tetter is our response to a comment from the Garfield County staff report
concerning debris flow at Coryell Ranch. The comment is in regard to debris flow
material spilling into a proposed pond. The concern was presented during a July 14,
1999 planning and zoning meeting. The commentand our response is presented in the
following paragraphs.
The comment is "Concerns were noted about deflection berm height. The GCS
recommends a berm no less than 8 feet high. Additionally, the berm as placed in the
"A" position may cause debris flow to be deposited into the adjacent pond. lf this were
to occur it could potentially lead to pond water displacement and flooding of adjoining
areas.
The pond in question is south of single family lots 18 and 19 as shown on plan
MG-2, dated 4114199 prepared by SGM. Planned normal water surface elevation is 6101
feet. ln our opinion, the probability of an appreciable amount of debris entering the
subject pond is low. !f water and a small amount of solids is displaced by debris flow
material the.water and small amount of solids can likely be accommodated by the
currently proposed overflow spillway, turn-outs structure and the reserved excess
capacity of the downstream drainage facilities.
CTL/THOMPSON, INC.
CONSULTING ENGINEERS
234 CINlElf t)r.1rvE r cLENWooD st,r]rNGS. coloRADO 8160 1 r (970) 945-2803
We appreciate the continuing opportunity to work with you on this site. lf you
have questions, please call.
Very truly
Mr. Da
S.G.M.
119 W. 6th Suite 200
Glenwood S ngs, CO 81602
MELROSE CORPORATION
CORYELL RANCH
JOB NO. GS-2566
?FELSBURGHOLT &
ULLEVIG
engineering paths co *ansportation solucions
'?ECEiVEOJUL
fins d
l-q99
July 9, 1999
Mr. David M. Kotz
Schmueser Gordon Meyer, lnc.
1 18 West 6th Street, Suite 200
Glenwood Springs, CO 81601
Re: Coryell Ranch Trip Generation
FHU Reference No. 99-022
Dear Mr. Kotz:
We have prepared this letter in response to questions regarding the basis of the trip generation
rates used in the Coryell Ranch Traffic lmpact Analysis submitted in February 1999.
As shown in our report, the trip generation estimates were calculated using Trip Generation,
Sixth Edition,1997, published by the lnstitute of Transportation Engineers (lTE). The ITE rates
used for the two types of homes are shown in Table 1 below and copies of the ITE pages for
these land uses are attached,
Table 1
Trip Generation Rates
l0l.i2 l. r440
fax 301.721.0832
fhu@fhueng.com
Greenwcxrd Corporarc Pla:a
7951 E. lv{aplcwo.rd Avc. Sre. ltrr-r
Englewood, CO 80111
' I r, :.:: . ... ,
:' lr ,..;...+rl- ":. r-;lt
") , ,,i,.:,:..,.I YPe. .; . .. ,rl.'
' { * .,,,..:. .'lij: ri}r4rif"{ti}tif;!:tl,,t jtl::
.ai(tEXlt.":. :.;,:: .EXlt i,r':{eilf6ta/,'1i::
Single Family
Homes 210 9.57 0.1 9 0.56 0.75 0.65 0.36 1.01
Townhomes 230 5.86 o.o7 0.37 o.44 0.36 0.1 8 o.54
July 9, 1999
Mr. David Kotz
Page 2
As can be seen in Table 1, the single family homes are estimated to each generate between
nine and ten trips per day. lt is reasonable that the affordable housing/townhomes generation
rate is less than the single family rate since these are typically smaller homes with fewerresidents per home.
Coryell Ranch is proposed to include a total of 72 residential dwelling units of which 66 are
single-family homes on one-quarter acre sites or larger, and six are affordable housing units(similar to townhomes). The trip generation table in the report was developed using the tripgeneration rates shown in Table 1 above, and is repeated as Table 2 below.
Table 2
Trip Generation
It is important to understand that peak hour trip rates shown in Table 1 represent only one
hour during each of the peak periods. AM and PM commuter peak periods typically extend for
two to three hours. Therefore, it could be concluded that the estimated peak hour estimatedtrip generation in Table 2 represents approximately one-half of the trips that would be
generated during the peak period.
Household residents vary in age, type of work, work schedule, etc., which is why the peak
hour trip generation is not simply equal to the number of dwelling units. Some residences may
have two adults working away from the home, some residents may work at home, some
residents may have varied work schedules with jobs beginning during the middle of the day
or in the evening.
. .,i -.,,,i. ,.,
:,' r ype ;:^; +::
: ,." ,1"' _ ::11:| , :
:':Size,i
,PM
'! -'.'.,, I otat
tnii; t.. .:) i)nj,liEiliir,:i otalr
Single Family
Homes 210 66 du(')632 12 37 50 43 24 67
Townhomes 230 6 du('l 35 1 2 3 2 1 3
Total 72 du('l 667 13 39 53 45 25 70
{trdwelling unit
iDaiUil
lgr'iitl:l'
ilEnter. r Exltli:i Exltr
July 9, 1999
Mr. David Kotz
Page 3
We feel that ITE trip generation data are appropriate for estimating trips associated with thisdevelopment. lfE data were also used in traffic studies for other nearby developments
including Carbondale Affordable Housing (southwest corner of SH 133/Keator Road), Rose
Ranch PUD (north of Coryell Ranch between CR 109 and SH 82), Carbondale Commercial Area(northwest corner of SH 133iMain Street) and The North Face Headquarters (SH 133 south
of Meadowood Drive). The Aspen Glen Club (between CR 109 and SH 82) used a rate of 4.74
trips/dwelling unit in the study completed in 19g2; the ITE rate for single family homes is 9.57
trips/dwelling unit.
Hopefully your questions have been answered. lf you have more questions, or require
additional information, please do not hesitate to call.
Sincerely,
FELSBURG HOLT & ULLEVIG
&-r,JJN*d.&l- \ F"*
Christopher J. Fbsching, P.E.Debra L. Nelson, E.l.
Transportation Engineer Associate
Single-Family Detached Housing
(210)
Average Vehicle Trip Ends vs: Dwelling Units
On a: Weekday
Number of Studies: g4g
Avg. Number of Dwelling Units: 198
Directional Distribution: SO"/oentering, 50% exiting
Trip Generation per Dwelling Unit
Average Rate Range of Rates standard Deviation
7 4.31 - 21.85 3.69
Data Plot and Equation
oE 2o,ooo
IU
CL
F
-g.9
!(D
o
CDG
o)
ll to.oooF
0
X Actuat Data Polnts
1000
X = Number of Dwelling Units
Fltled Curve Avorago Fate
R2 = 0.96Fitted Curve Equation: Ln(T) = 0.920 Ln(X) + 2.702
Trip Generation, 6th Edition 263 lnstitute of Transportation Engineers
Single-Family Detached Housing
(210)
Average Vehicle Trip Ends vs: Dwelling Units
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Number of Studies: 271
Avg. Number of Dwelling Units: 202
Directional Distribution: 25"/" entering, 75% exiting
Generation per Dwelling Unit
Average Rate of Rates Standard Deviation
0.33 - 2.27
Data Plot and Equation
3,000
oE 2,ooo
ut
o.
F
-9.9co
o
ED(,
o
ll 1.oooF
3000
x Actuar Dsta polnts
X = Number of Dwelling Units
- Fltted Curve Avorage Rato
Fltted Curve Equatlon: T = O.7OO(X) + 9.477 R2 = 0.89
I
'/
:.
:
:
.'/
Xv -'-'-,7n
*pX
X
x xX
Trip Generation, 6th Edition lnstitute of Transportation Engineers
#I
264
Single-Family Detached Housing
(210)
Average Vehicle Trip Ends vs: Dwelling Units
On a: Weekday,
Peak Hour of Adiacent Street Traffic,
One Hour Between 4 and 6 P.m.
Number of Studies: 294
Avg. Number of Dwelling Units: 216
Directional Distribution: 64% entering, 36% exiting
Generation per Dwelling Unit
Average Rate Range of Rates Standard Deviation
1.01 0.42 - 2.
\
Data Plot and Equation
0
X Actuat Data Polnts
Fitted Curve Equation:
1000
X = Number of Dwelling Units
- Fltted Curve
Ln(I) = 0.901 Ln(X) + 0.527
oE 2,ooo
trJ
.g
F
o
EEo
o
CD,(U
o
.ll l,ooot-
Average Rata
R2 = 0.91
Trip Generation, 6th Edition 265 lnstitute of Transportation Engineers
H#a.'*
s:F\4tf-*.
s..4t.
E:i.:J;.-+
:i;
.ii: -
a
.,
Residential Condom i n i umffown house
(230)
Average Vehicle Trip Ends vs: Dwelling Units
On a: Weekday
Number of Studies: 53
Avg. Number of Dwelling Units: 185
Directional Distribution: 50% entering, 50% exiting
Trip Generation per Dwelling Unit
Rate Range of Rates Standard Deviation
1.83 - 1 1.79
Data Plot and Equation
7,000
at,EL
trJ
o.
F
oo
Lo
ool(!
o
I
F
1,000
0 100
X Actual Dat! Polnts
400 500 600 700 800
X = Number ol Dwelling Units
Fltted Curve
1000 .1100 1200 13(n
Averagc Rato
R2 = 0.8i1Fltted Curve Equatlon: Ln(f) = 0.850 Ln(X) + 2.564
Trip Genention, 6th Edition lnstitute ol Transportation Engineers
5.86 3.09
Residential Condom i n i u m/Town house
(230)
Average Vehicle Trip Ends vs: Dwelling Units
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Number of Studies: 56
Avg. Number of Dwelling Units: 2Oz
Directional Distribution: 17o/o entering, g3% exiting
Trip Generation per Dwelling Unit
Average Rate
Data Plot and
at,E 4oo
IJJ
.s
F
o
E
!-9 300
oo)g
(D
ll 2ooF
100
0 100 200 3oo 4oo 5oo 600 7oo 8oo 9oo looo 11oO 12oO 13oO
X Acruar Data pornts
X = Number of Dwelling Units
- Fltted Curve Avorago Rete
Fitted Curve Equation: Ln(T) = 0.790 Ln(X) + 0.298 R2 = 0.74
Trip Generation, 6th Edition 362 lnstitute of Transportation Engineers
of Rates Standard Deviation
Residential Condom i n i u m/Town house
(230)
Average Vehicle Trip Ends vs: Dwelling Units
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Number of Studies: SZ
Avg. Number of Dwelling Units: 199
Directional Distribution: 677" entering, 30% exiting
Generation per Dwellinq Unit
Average Rate Range of Rates Standard Deviation
0.54 O.1B - 1
Data Plot and Equation
oEcul
CL
F
.E.9
o
ot,)ct
o
il
F
' 0 100 200
X Actual Data potnis
300 400 500 600 7oo 8oo
X = Number of Dwelling Units
Flttod Curve
900 1000 1100 1200
Av€rage Rat€
R2 = 0.79
1300
Fitted Curve Equatlon: Ln(T) = 0.827 Ln(X) + 0.309
Trip Ge n e ration, 6th Edition lnstitute ol Transportation Engineers
\\i\ r\
*\\
\"\
)-.2
i/24
I
oofirn nfltnv r.r
Ii'\{\"\.\r \\l.'\.\!\- "\- \I -=\--:+\-
I \..._| ----]:-
I
25. E}'ERGE{CY AOCESE ONIHICE*
unurY. & lRRrcAlIo{ EAsE}rE}lr I
(12'GnA!EL SURFACE) 1 I
-'--'- A
\... t., \
\5
-\\
d,
N44
r__-------,1- \'si----lt
*)-------l
--.y' j
v-_r
r
\
\\
(
\
---. ,'-
/i..
I
)r-.-----l\ i i1[--- r II \.. -- I
I l.'i: I
\
I
It,ttt:
iiil
ir
irll
it
lr
I
t
\
\\
,\\
{--\
\=_
\ L---
\-
Sf --1l\
I
I
rl
\\\L-
--'--11
\
L.\rlll)l I \-
ANIENDNIENT TO CONSTRUCTION AND
REINIB URS ENIENT AGREENTENT
This Amendment to Construction and Reimbursement Agreement is made and entered into
this
-
day of August, 1998, by and behveen the ROARING FORK WATER & Stu\ITATION
DISTzuCT (hereinafter District), ASPEN GLEN GOLF COMPtuYY (hereinafter Aspen Glen) and
THE BOARD OF COTNTY COIvMISSIONERS OF GARFIELD COLINTY (hereinafter Counry).
RECITALS
A. The District and Aspen Glen are parties to that certain Construction and.
Reimbursement Agreement dated January 31,l9g4 ftLreinafter Agreement) as follows:
i. By order of Court dated July 14, 1998 the name of the Aspen Glen Water &
Sanitation District was changed to the Roaring Fork Water & Sanitation District.
ii. Aspen Glen Golf Company has succeeded to the rights of Aspen Glen Golf
Partners in the Agreement by virtue of Assignment dated November-7, L9g4.
B. As provided in the Agreement, Aspen Glen has completed the construction and fully
paid for Phase I of the District's wastervater treatment plant. The completed Phase I waste water
trearment plant was conveyed to the Diskict on December 16, i996, as required by the Agreement.
C. Pursuant to the Agreement the District is presently charging a sewer tap fee for lotswithin the Aspen Glen PUD in the amount of 53,900.00 per EQR andls reimbursing said amount
to Aspen Glen.
D. As of the date hereof, Aspen Glen is seeking from the County final plat approval for
4:P." Glen, Filing No. 6. Approval oifitiog No. 6 wilimean thar at build out of all lots within
Filing No. 6 and on lots within all previously approved Filings of Aspen Glen there will be a need
for more wastewater treatment plant capacity tiran acfually.iirtr in ihase I.
E. There is no present actual need for additional keatment capacity in the District,s
wastewater treatment plant.
- F- As required by the Aspen Glen PUD approval and the District's service plan, Aspen
Glen shall provide financial assurances that it will pay ior teatment plant expansion at such time asexpansion is actually required.
G. The parties wish to amend the Agreement as provid.ed herein to establish a
mechanism which rvill allolv Aspen Glen to pay the District a sufficient amount of money so that
the District will have.on hand an adequate sum to build Phase II of its rvastervater treatmintplant
at such time as there is an actual need for capacity in Phase II of the treatment plant.
NOw, THEREFORE, in consideration of the keeping and performance of the mutual
promises and covenants contained herein, the parties hereto agree as follorvs:
l' By virtue of the engineering estimsre artached hereto as Exhibit A, the Disrrictengineer has certifled that the cost of .onr,ir.,i"s ptrr. iiortn. Districr's wasrelvater rreatmenrplant is S657,580'00' Said Phase II expansion *itt increase the treatment planr's capaciry b,v107,000 gallons per day, which will provide service to approximately 356 EeR,s of service.
2' It is the intention and goal of the parries that no later than the time phase I of theDistrict's rvastervater treatment plant re-ache s75%of capacity the District shali have in hand the sumot5657'580'00 necessary to construct Phase II of the lvastewater treatment plant and that said sumshall have been paid by Aspen Glen. The parties agree that,r't. roragJirg'*" goals can beaccomplished by modifying the Agreement to provide that rather than reimlurs-ing Aspen Glen tapfees collected from owners of lots ivithin Aspen Gten, the Dir;;;;;ii;;H;;;.r colected fromo\vners rvithin Aspen Glen until such time as a sufficient amount of money hai been retained. Theparties therefore agree to the follorving amendments to the Agreement:
i' At the rate of 53,900.00 per EQR, the District shall retain the money itreceives from the sale of 169 EQR's of server r.*i.. from owners of lots within Aspen Glento provide the District with the sum of s657,5g0.00 (16g x s3,900.00: s65g,100.00).
' ii' The District will commence retaining tap fees received from orvners of lotsrvithin Aspen Glen upon the sale of the 76'h rqn ia continue to retain such fees throughthe sale of the next r69 EeR's. Thus, upon the iare of the 245,h EeR 1ie + rcs:245), the
3::l:::].1,h*e accumulated the necessary S657,580.00. The Dlstrict agrees that ail taptees received from owners of lots rvithin Aspen Glen and retained by it pursuant to thisAmendment shall be kept and maintained in a separate capital improvements account, byrvhich the use of the funds shall be restricted io only the expansion or other capitalimprovement to the District's wastewater treatment prant.
iii' Phase I of the District's wastewater treatrnent plant has capacity to serveapproximately 356 EQR's. Under the foregoing schedule the District will have..i.i".a *jretained without reimbursement to Aspen 6len-the necessary funds to build phase tr of thervastewater treatment plant at such timl as Phase I of the plant is operating at less thanTO%capacify (245 + 356 = .69). r --e
lv' Upon the sale of the 246'r' EQR of service to owners of lots within AspenGlen, this Amendment shall terminate and the reimbursement provisions of the Agreementshall automatically be reinstated until such time as Aspen Glen has been fully r.ii-,uurr.J,' from tap fees collected from owners-of lots within asp"n Glen, the full principle amountpaidby Aspen Glen forconstruction of both Phase I ani phase II of the District,s rvastewatertreatment plant. it is.specifically agreed that the amount to be reimbursed to Aspen Glenshall not be increased bv any inteieslcharge accruing o" ,r,.i^p rl;;;;il;; by the Dish-icrunder this Amendment instead of reimbuised to a.!.n ct.n.
v' By virtue of this Amendment, Aspen Glen shall be allocated and acquirecontrol of 356 EQR's of service tobe created by'the Phase II wastewater treatment plantexpansion' Ac.quisition by third parties of sewer iervice from phase II of the District,s plantshall be controlled by applicable provisions of the Agreement and the District's service plan.
3' The provisions of this Amendment shall be included in an amendment to theDistrict's sgrvice. plan rvhich shall be included with any orher amendment to the service plan orconlmenced rvithin one (l) year from the date hereof, rvhichever first occurs.
4' It is specifically agreed that the Counry is a third party beneficiary of this Amendment
and shall have the right to enforce the provisions hereof by an action at laiv or in equity. Theprevailing party in any such enforcement action shall be entitled to an award of its ieaionable
attorney fees incurred in such action.
5' Except as expressly modified herein, all terms and conditions of the Agreement shall
remain in full force and. effect.
rfl MTNESS WHEREOF the parties have executed this Amendment to construction and
Reimbursement Agreement the day and year first written above.
ROARDIG WATER & SANITATION DISTzuCT
." , President
ASPEN GLEN GOLF COMPANY ,
a Colorado Limited Partnership
BY: MANAGEMENT COMPANY FOR ASPEN. GLEN,INC.,
a Colorado Corporation, its General Parrner
By.
Donald L. Parris, Vice-President
TI{E BOARD OF COLINTY COMMiSSIONERS
OF GARFIELD COUNTY
*,/ 4Jrd
, Chair
ATTEST:
By:
Ldmcn.229
3. The provisions of this Amendment
District's service plan which shall be included with
corlmenced within one (l) year from the date hereof,
shall be included in an amendment to the
any other amendment to the service plan or
whichever first occurs.
4' It is specifically agreed that the Counry is a third parfy beneficiary of this Amendmentand shall have the right to enforce the provisions hereof by an action at law or in equiry. Th;prevailing party in any such enforcement action shall be entitled to an award of its ;;.#i;attorney fees incurred in such action.
5' Except as expressly modified herein, all terms and cond^itions of the Agreement shallremain in full force and effect.
iN WITNESS WHEREOF the parties have executed this Amend.ment to Construction andReimbursement Agreement the day and year first written above.
RO
ASPEN GLEN GOLF COMPANY,
a Colorado Limited Partrership
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
ATTEST:
Secretary
c:\wp-doc5\lg\aspcn\document\amendmen.229
G WATER & SANITATION
MANAGEMENT ANY FOR ASPEN
GLEN, NtrC.,
Pa:ris, Vice-President
-f
, Chair
ROARING FORK WATER AND SANITATION DISTRICIPHASE 2
APRIL 1998 REVISED JULY 1998, AUG 19, 1998
SGM INC
nLEAcwwcost
NOTE:the estimatcs contained herein are the opiniou of this errgineer and arc bas+rd
:T:Ii::i :tbrmatron edjusr.d rbr uriquecooditions of rhis prqectA.s wru any co{rt egjma(e acGa.t cogs suy vary dud to market cond.itioru.
PHASE 2
R.EVISED APRTL 27 I998
REVISED ruLY I 3, I998
REVISEDAUG I9, I998
rIIIIIIIIIIITIIIIIIIITIII ENGINEEFI!NG INC
FIESc]UFICE
Garfield County Planning and Zoning Commission
109 8th Street
Glenwood Springs, CO 81601
RE: Coryell Ranch PUD Water Ouality Certification
Ladies and Gentlemen:
This letter is provided in response to the County Engineer's request that a Professional
Engineer certify that the water supply for the Coryell Ranch PUD meets applicable
Colorado Department of Health and Environment drinking water standards.
Extensive water quatity testing of regulated drinking water constituents was performed
on the Coryell Ranch Well # 1 3 water and summ artzed in our report submitted to Garfield
County entitled Coryell Ranch and Midland Point PUD Water Supply Plan. ln that report
we stated:
The test results show that the groundwater meets State and Federal drinking
water standards. The microscopic particulatb analysis concluded that the water
is true groundwater and is not under the influence of surface water. As true
groundwater, disinfection will be the only water treatment required by the CDPHE.
Based on the test results it is the conclusion of Resource Engineering, lnc. that the
groundwater supply is suitable for drinking water purposes.
ln that report we also stated:
It is possible that the CDPHE may require additional testing as a condition of water
system design approval. lf so, the additional testing will be conducted in
conjunction with the water system design approval process.
I certify that, based upon the water quality tests conducted, the Coryell Ranch domestic
water supply meets applicable drinking water standards. lt is possible that the Colorado
Department of Public Health and Environment may request additional tests as part of the
water system design and approval process that were not anticipated in the initial water
quality testing.
Sincerely,
RESOURCE ENGINEERING, INC.
John M. Currier, PE
Water Resources Engineer
JMC/jmc
file: 752-1 .0 Fite:7s2\wato, quatity certricarion.wpd
cc: Larry Green, Esq.
Consulting Engineens and Hydnologists
9O9 Colonado Avenue I Glenwood Spnings, CO A1 5O1 I (97O) 945-6777 a Fax [97OJ 945-1137
July 14, 1999
'urk
L.\rllltt I \-
ANIENDNIENT TO CONSTRUCTION AND
REINIB URS ENTENT AGRE ENIENT
This Amendment to Construction and Reimbursement Agreement is made and entered into
this
-
day of August, 1998, by and behveen the ROARNG FORK WATER & Stu\ITATION
DISTzuCT (hereinafter District), ASPEN GLEN GOLF COMP.\YY (hereinafter Aspen Glen) and
THE BOARD OF COLINTY COIvIvIISSiONERS oF GARFIELD COLNTY (hereinafter Counry).
RECITALS
A. The District and. Aspen Glen are parties to that certain Construction and
Reimbursement Agreement dated January 31,1994 (hereinafter Agreement) as follows:
i. By order of Court dated July 14, 1998 the name of the Aspen Glen Water &
Sanitation District was changed to the Roaring Fork Water & Sanitation District.
ii. Aspen Glen Golf Company has succeeded to the rights of Aspen Glen Golf
Partners in the Agreement by virrue of Assignment dated November 7, 1994.
.f
B. As provided in the Agreement, Aspen Glen has completed the constnrction and fully
paid for Phase I of the District's wastervater treatment plant. The completed Phase I waste water
treatment plant was conveyed to the District on December 16, 1996, as required by the Agreement.
C. Pursuant to the Agreement the District is presently charging a sewer tap fee for lots
within the Aspen Glen PUD in the amount of 53,900.00 per EQR and is reimbursing said amount
to Aspen Glen.
D. As of the date hereof, Aspen Glen is seeking from the Counly final plat approval for
Aspen Glen, Filing No. 6. Approval of Filing No. 6 will mean that at build out of all lots within
Filing No. 6 and on lots within all previously approved Filings of Aspen Glen there will be a need
for more wastewater treatment plant capaciry than actually exists in Phase I.
E. There is no present actual need for additional treatment capacity in the District's
wastewater treatment plant.
F. As required by the Aspen Glen PUD approval and the District's service plan, Aspen
Glen shall provide financial assruances that it will pay for teatment plant expansion at such time as
expansion is actually required.
G. The parties wish to amend the Agreement as provided herein to establish a
mechanism which rvill allolv Aspen Glen to pay the District a sufficient amount of money so that
the District will have on hand an adequate sum to build Phase II of its rvastervater treatment plant
at such time as there is an actual need for capacify in Phase II of the treatment plant.
NOW, THEREFORE, in consideration of the keeping and performance of the mutual
promises and covenants contained herein, the parties hereto agree as follorvs:
l' By virtue of the engineering estimate artached hereto as Exhibit A, the Disrrictengineer has certified that the cost of constructing Phase II of the District's rvastervater treatmentplant is S657,580.00. Said Phase Ii expansion *itt increase the treatment plant's capaciry by
107,000 gallons per day, which will provide service to approximately 356 EQi.'s of service.
2' It is the intention and goal of the parties that no later than the time phase I of theDistrict's rvaste'"vater treatment plant reache s75%of capacity the District shall have in hand the sumof 5657,580'00 necessary to construct Phase II of the rvastewater treatment plant and that said sumshall have been paid by Aspen Glen. The parties agree that the foregoing hvo goals can beaccomplished by modifying the Agreement to irovide that rather than reimbursing espen Glen tap
fees collected from owners of lots rvithin Aspen GIen, the District shall retain tap fees collected from
orvners rvithin Aspen Glen until such time as a sufficient amount of money hai been retained. Theparties therefore agree to the folrolving amendmerits to the Agreement:
i. At the rate of 53,900.00 per EQR, the District shall retain the money it
receives from the sale of i69 EQR's of server service from owners of lots within Aspen dtento provide the District with the sum of 5657,580.00 (169 x 53,900.00: 5659,100.00).
' ii' The District will commence retaining tap fees received from orvners of lotswithin Aspen Glen upon the sale of the 76'h EQR and continue to retain such fees through
the sale of the next 169 EeR's. Thus, upon the iale of the 245'r,EeR (76 + 169:245), tf,e
District will have accumulated the necessary 5657,580.00. The District agrees that ail tap
fees received from owners of lots within Aspen Glen and retained by it pursuant to this
Amendment shall be kept and maintained in i separate capital improvements account, byrvhich the use of the funds shall be restricted io only th. .*punrion or other capital
improvement to the District's wastewater treatment plani.
iii' Phase i of the District's wastewater treatnent plant has capacity to sewe
approximately 356 EQR's. Under the foregoing schedule the District will have received and
retained without reimbursement to Aspen bt.n tir. necessary funds to build Phase tr of the
wastewater treatment plant at such time as Phase I of the plant is operating at less than11%
capacity (245 + 356 : .69).
lv. Upon the sale of the 246'h EQR of service to owners of lots within Aspen
Glen, this Amendment shall terminate and the reimbursement provisions of the Agreement
shall automatically be reinstated until such time as Aspen Glen has been fully reiirbursed, '
from tap fees collected from owners of lots within Aspen Glen, the full principll amountpaid
by Aspen Glen for construction of both Phase I ana Phase iI of the Distrilt's rvastewater
treatment plant. It is specifically agreed that the amount to be reimbursed to Aspen Glen
shall not be increased by any interest charge accruing on the tap fees retained by the Distr-ict
under this Amendment instead of reimbulsed to asien Glen.
v. By virrue of this Amendment, Aspen Glen shall be allocated and acquire
control of 356 EQR's of service to be created by the Phase II wastewater treatment plant
expansion. Acquisition by third parties of server iervice from Phase II of the District's piant
shall be controlled by applicable provisions of the Agreement and the District's service plan.
3' The provisions of this Amendment shall be included in an amendment to theDistrict's sgrvice plan rvhich shall be included with any orher amendment to the service plan orconrmenced rvithin one (l) year from the date hereo[ ,ri,i.h.u., first occurs.
4' It is specifically agreed that the County is a third parry beneficiary of this Amendmentpn *iion .t rl,l" or in equiry. The---.,^:r:-- -^J_. :prevailing party in any such enforcement action shall be entitled to an award of iits reasonableattorney fees incurred in such action.
5' Except as expressly modified. herein, all terms and conditions of the Agreement shallremain in full force and effect.
IN WITNESS WHEREOF the parties have executed this Amendment to Construction andReimbursement Agreement the day and y.ur first written above.
ROARNG WATER & SANiTATION DISTzuCT
.n , President
ASPEN GLEN GOLF COMPANY,
a Colorado Limited Partnership
BY: MANAGEMENT COMPANT FOR ASPEN
GLEN, [NC.,
a Colorado Corporation, its General Parrner
By
Donald L. Parris, Vice-President
THE BOARD OF COUNTY COMMiSSIONERS
OF GARFIELD COLINTY
, Chair
By:
,r, y' 4hil
ATTEST:
3' The provisions of this Amendment shall be included in an amendment to theDistrict's service plan which shall be included with any other amendment to the service plan orcorlmenced within one (l) year from the date hereof, wirichever first occurs.
4. It is specifically agreed that the Counry is a third party beneficiary of this Amendmentand shall have the right to enforce the provisions
-hereof
by an action at law or in equiry. Theprevailing party in any such enforcement action shali be entitled to an award of its ilurorJi.
attorn-ey fees incurred in such action.
5' Except as expressly modified herein, all terms and conditions of the Agreement shaliremain in full force and effect.
IN WITNESS WHEREOF the parties have executed this Amendment to Construction andReimbtrsement Agreement the day and year first written above.
RO G WATER & SANITAT]ON DISTzuCT
t)t , President
ASPEN GLEN GOLF COMPANY,
a Colorado Limited Partnership
TIIE BOARD OF COL/NTY COMMISSIONERS
OF GARFIELD COTINTY
By:.
ATTEST:, Chair
Secretary
c:\wpdocs\l g\aspen\document\amcndmen. 229
MANAGEMENT ANY FOR ASPEN
GLEN,INC.,
'on, its General Partner
Paris, Vice-President
ROARING FORK WATER AND SANITATION DISTRICT
PHASE 2
APRIL 1998 REVISED JULY 1998, AUG 19, 1998
SGM INC
FILEACWWCOSI
REVISED
'I.,ILY
I], I998
REVISEDAUG I9, 1998
NOTE.the estirnatcs contained hcrein are the opin:ou of this engineer and are basod
:f:Ii:1""t hibrmauon odjustrd tbr uriquc condirions of this projectas wtu any cost e*rmate acnlEl coss ruy vary due to rnarkct condiuons.
PEASE 2
RECEIVEDHAY 2 51999
JoHN A. THULSoN
EDWARD MULHALL, JR.
Scorr BALcoMB
LAWRENCE R. GREEN
TrMorHy A. THULSoN
LoRr J. M. SATTERFTELD
EDWARD B. OLszEwsKt
OAV|D SaNDovAL
DENDY M. HEISEL
CHRTSToPHER L. CoyLE
VIA HAND DELIVERY TO:
John Barbee
Garfi eld County Planning Department
109 8* Street, Suite 303
Glenwood Springs, CO 81601
Dear John:
BAr-,coMB & Gnrcrcx, P.C.
ATTORNEYS AT ITAW
(FoRMERLy DELANEy d BaLcoMB, p.C.)
P. O. DRAWER 79o
818 CoI,oRADo A\rENIJE
Gr,ErYwooD SpRrNGs, Cor,oRADo 8 16()2
Telephone: 970.945.6546
Facsimile: 970.945.9769
May 25,1999
OF CoUNSEL:
KENNETH BALCoMB
I am enclosingherewith the original Agreementbetween Coryell Ranch Company and the Garfield
Coulty Btllding and. Planning Department regarding the submittal and decision dates for the Coryell
Ranch PUD Application.
I understand from our conversation yesterday afternoon that on May 17 ,lggg the Board of County
Commissioners referred the Coryell Ranch PUD Application to the Plann ing & Zoning Commission. The
public hgu.Ig befole- the Planning & Toning Commission has been schEduled for-the p&Z's regular
meeting |n July, which I understand to be Wednesday, July 14, 1999. Ipresume that in due coursJyou
will provide me with the necessary form of public notice of tnis hearing so that we can satisfu all of the
notice requirements required by the Garfield County Zoningand Subdivision Regulations.
In the meantime, I and other appropriate members of the Coryell Ranch developmentteamare at
your convenience to disc_uss any questions or issues you or any other member of the Garfield County staff
have with regard to the Coryell Ranch pUD Applicition.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.xc: Donald L. Parris (w/out encls.)
Ian Hause (w/out encls.)
Edward M. Hughes, Esq. (w/out encls.)
Louis Meyer (w/out encls.)
Dave Michaelson (w/out encls.)
AGREEMENT
It is agreed by the undersigned applicant and the Garfield County Building and Planning
Department, that the Department will accept the submittal of the Planned Unit Development
application for the CoryellRanch PUD on April 15, 1999 . Per CRS 24-67-105.5 (4), the
PUD application will not be considered" filed" with the Board of County Commissioners until the
Building and Planning Department staffhas determined that the application is complete and
presented the application to the Board for referral to the Planning Commission at a regularly
scheduled meeting of the Board. For the purposes of this agreement, the Board's action shall be
preceded by the submittal of the application for a determination of completeness by the stafi at
least ten (10) working days in advance of a regular Board meeting.
By accepting the application on the previously noted date, the Planning Department will present
the application to the Board on May 17. 1999 , if it is deemed complete. The 120 day time to
make a decision, will start the next day, and the Board of County Commissioners will have to
make a decision by September 14. 1999
on this agreement and submitting the signed agreement to the
of the application prior to the Board's acceptance of the filed
be agreeing to the timelines identified in this agreement.
- 1{'--
Date
By the signature of the ap
Planning Department.
application, the app
Applicant/Owner
JoHN A. THULSoN
EDwARo MULHALL, JR.
Scorr BaLcoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
LoRr J. M. SATTERFTELD
EDWARD B. OLSzEwsKt
DAVro SANDoVAL
DENDY M. HE|SEL
CHRTSToPHER L. CoyLE
VIA HAND DELIVERY TO:
BA.LCoMB & Gnppx, P.C.
ATTORNEYS AT I]AW
(FoRMERLy DELANEy & BALcoMB, p.C.)
P. O. DRA.WER 79O
818 CoI,oRADo A\rENI]E
Gr,ENwooD SPRTNGS, Cor,oRADo a t6oz
Telephone: 970.945.6546
Facsimile: 970.945.9769
April 15, 1999
OF CoUNSEL:
KENNETH BALcoMB
Mark Bean, Planning Director
Garfield County Planning Department
109 8th Sffeet
Glenwood Springs, CO 81601
Re: Coryell Ranch Planned Unit Development
Dear Mark:
On behalf of Coryell Ranch Company, LLC, we are pleased to submit the enclosed
Application for the Coryell Ranch Planned Unit Development. In accordance with Section 4.08.01
ofthe Garfield County Zoning Resolution, as amended in 1998, we request that the PUD Application
be considered simultaneously with the Preliminary Plan for the Coryell Ranch and Midland point
Subdivisions, which are included within the PUD. The Application thus contains all of the
information and data necessary for simultaneous PUD and subdivision review.
Twenty copies ofthe complete Application and supporting documentation are attached. Per
the Preliminary Plan regulations, seven copies of the full sized Preliminary Plan sheets and
engineering sheets are also attached. For your convenience, we have also enclosed thirteen
additional copies of the Preliminary Plan sheets in a reduced size.
Coryell Ranch Company, LLC has enclosed three checks for the Application fees: The first
is in the amount of $500.00 for the PUD Application fee; the second is for $675.00 for the
PreliminaryPlan Application fee; andthethird, inthe amount of $595.00, ispayable to the Colorado
Geologic Survey as required by the Preliminary Plan Regulations.
It is our understanding that with this submittal the provisions of Section 4.08.01 of the
Zoning Resolution regarding a determination of completeness of the Application will now
corlmence. Please direct any correspondence regarding your completeness review of this
Application, or any other questions you may have about the Application to the undersigned.
BALooMB & GREEN, P.C.
ATTORNEYS AT I]AW
Mark Bean
April 15, 1999 Page2
We look forward to working with you as the enclosed combined Application for the Coryell
Ranch PUD and Preliminary Plan is reviewed by Garfield County. We believe the Coryell Ranch
PUD is consistent with Garfield County's Master Plan, Zoning and Subdivision Regulations, and
is a project of which we can all be proud.
Very truly yours,
LRG/bc
Encls.
xc: Donald L. Parris
Robert T. Kolb
Edward M. Hughes, Esq.
Dave Michaelson
Debbie Duley
BALCOMB & GREEN, P.C.
IIIIIIIIIIrIIIIIIIIIIIIII
FIESOUFICE
ENGiINEEFI!NGi
Mr. Mark Bean
Garfield County
1og 8th St.
Glenwood Springs, CO 81601
tNc
April 15, 1999
CORYELL RANCH AND MIDLAND POINT PUD WATER SUPPLY PLAN
Dear Mr. Bean:
Transmitted herewith are seven copies of Resource Engineering, lnc's. report entitled
Coryell Ranch and Midland Point Pud Water Suppty Plan. The report presents the legal
and physical water supply plan for the proposed development.
The balance of the application is being submitted under separate cover.
Sincerely,
RESOURCE ENG!NEERING, tNC.
John M. Currier, PE
Water Resources Engineer
JMC/jmc
file: 752-1.O Firc:782\r.o\pudwar€rrransmir.wpd
cc:Don Parris, Coryell Ranch Co. LLC
Debbie Duley, SGM
Dave Michaelson, RCS
RECETVEDAPR 151999
GAfrFIELD CEiJi.iTY
5Lqid.,\irlit{,G i_irri.r.,lri l- Li l; i{l'
109 E.f l'{ $T. - "T;Uil"i: $iI
GLEf\$1,*'$C{h) $i}f ti ruGS, eO & 601
Consulting Engineens and Hydnologists
9O9 Colonado Avenue I Glenwood Spnings, CO A160l I (97O)945.-6777 a Fax [97O] g4E-11A7
RE:
NCPLY IO
AT?ETTTIOt{ OF
DEPARTMENT OF THE ARMY
U.S. ARTIY ENGINEEB DISTRICT, SACRAMENTO
COFPS OF ENGINEERS
T325 J STREET
SACRAMENTO. CALIFORNIA 95814.2922
March 4, 1999
(19987s207)Regulatory Branch
Mr. David Steinmann
20 Rim RoadBoulder, Colorado 80302
Dear Mr. Steinmann:
We are responding to your written request dated February 10,1999.. on behalf of The MeLrose company, for verification of ejurisdictionaL determination on the coryell Ranch. This propertyis located adjacenE to (south of) the Roaring Fork RiveraqProximately two miles northwest of Carbondale within the NE I/4of section 29, Township 7 south, Range west, Garfield county,Col-orado.
Based on a site inspection by susan Bachini Narl of thisoffice in_April 1998, we have determined thaL your wetlandboundary delineation is accurate. The plan reierenced below isan accurate depiction of the limits of Federal jurisd.iction undersecEion 404 of the clean water Act. The plan i; labeled:
Coryell Ranch
Fj.na1 Wetland Map
Dare 02-08-99
This verification is valid for a period of five years fromthe date of this letter and is based on information supplied byyou. rf that. information proves to be false or incorrect, wewill adjust our determination accordingly. pl-ease be aware, thatin the future we prefer to have flnal wellana mapping submittedwithin a few weeks or rnonths after a fiel-d verificatLon has beenperformed. we have assigned number t9gT75207 to thisdeterminatlon. prease contact Ms. NaIl and refer tofor any additionar correspondence on this matter and
this numberfor permit
addressrequirements at (970) 243-1199, extension L6 or thebel-ow
Sincerely,
RECE|VEDl,AR05t999
Grady L. McNure
Chief , Northwestern ColoradoRegulatory Office402 Rood Avenue, Room 142Grand ,-Tunction, Colorado g15O l--2563
-2-
Copies Furnished:
Mr. .Tack Best, The Melrose Company,Head, South Carolina 29925Mr. Mark Bean, Garfield County, l-09
Glenwood Springs, Colorado g1GO1
Post Offlce
Bth Street,
Box 2L307, Hilton
Suite 303,t/'