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Home My WebLink About4.0 CorrespondenceLOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH *Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW July 26, 1999 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Itlaw@sopris.net RE: Supplemental Information for Four Mile Ranch Subdivision/Final Plat Submission Dear Mark and the Garfield County Planning Department: Attached for your review and consideration are five copies of Deric Walter's cost estimate letter and table for the public improvements for the proposed Four Mile Ranch Subdivision dated July 23, 1999. I spoke with Don DeFord, Esq. on July 23, 1999, and he requested additional information regarding the road, water and sewer improvements to supplement the Final Plat application submitted on June 24, 1999. Please update the Four Mile Ranch Subdivision's submittal packet to include Mr. Walter's letter. Please disregard the letter previously submitted by Joe Hope. Please call me if you need any additional supplemental information or if you have any questions regarding this matter. Very truly yours, LEAVENWORTH & TESTER, P.C. Kelly D. Cave KDC:bsl Enclosures cc: The Four Mile Ranch Development Company, w/enc. High Country Engineering, Inc., w/enc. Zancanella & Associates, w/enc. RECEIVED JUL 2 7 F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-2.wpd 4,14 •:•: NOV. 24. 1999 11: 41AM Y ..r LOYAL E. LP.,\V1 NWORTH CYNTHIA C. 'T'FS'FLR ciRr oRY J. HALL T)AVI1) fl. MC(.Y)NAUGHY KELLY D. CAVI DAVIT) A. MEISINUEft* I'oM KINNEI' SUSAN W. I.AATSCTI "Admiatd ii' Wiscnnein only TO: Fax: To: Fax: LEAVENWORTH & TESTER, P, C, N. 4502 P. 1/2 LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW 1011 (iRANI) AVENIIE 1'. 0. DRAWER 2030 GLENWOOD SPRINGS. COLORADO 81602 'TELEPHONE: (970) 915-2261 FAX: (070) 945.7330 Idaw(r,4tinpt•is. net FACSIMILE TR.-A.NSMITTAL SHEET Larry O. Thompson, City Engineer 945-2597 Four Mile Ranch (Denver & Florida) (303) 733-9802 (561) 241-3206 Mark Bean, Director 1 ax: 945-7785 To: Fax: From: Don DeFord, Esq. 945-7785 Kelly 1). Cave, Esq. Date: November 24, 1999 Number of pages to be transmitted: 2 (including cover page) DOCUMENT DESCRIPTION: Letter to Larry Thompson dated 11/24/99 re: Approval of the Four Mile Ranch Wastewater and Water Infrastructure NOTE: If you encounter any difficulty in receiving the total number of pages indicated above, PLEASE CALL (970) 945-2261 AS SOON AS POSSIBLE. Brenda Operator X ORIGINAL SENT BY U.S. MAIL ORIGINAL NOT SENT TATS FACSIMILE TRANSMISSION IS STRICTLY CONFIDENTIAL ANI) IS INTENDED ONLY FOR -rim INOIVIDMJAL OR ENTITY NAMED ABOVE. 1F YOU HAVE RECEIVED THIS FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY THIS OFFICE IMMEDIATELY ANI) RETURN 'THE TRANSMISSION TO US AT T1It+: ABOVE ADDRESS. THANK, YOU. I ,\ I 90odaze,v\l'(0.01)NY=rhompson.iir.;in ud ))rd-fax.wpi.t NOV, 24, 1999 11:42AM LU''Al. la. I i- AVI:NWORTM CYNTHIA C. TESTER GREGORY I. HALL DAVID 11. McCONAUGIIY KELLY D. CAVE DAVID A. ME1SINGER* TOM KINNEY SUSAN W. LAATSCJI `Adini i J in WisLuusiu truly, LEAVENWORTH TESTER, LEAVENWORTH & TESTER, P.C. ATTOR1NE\S AT LAW November 24. 1.999 Larry O. Thompson, City Engineer City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 NO, 4502 P. 2i2 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81402 TELEPHONE.: (970) 9.15-2201 FAX (970) 945-733G 1QHWasopris.Jle( VIA FACSIMILE RE: Auproval of the Four Mile Ranch's Wastewater and Water Infrastructure Dear Larry: I am writing on behalf of The Four Mile Ranch Development Company ("Four Mile"). As you know, Four Milc has been ready to submit its Final Plat for the Four Mile Ranch Subdivision to Garfield County for the past few months. The submittal is complete except for your written approval of the Subdivision's wastewater and road offsite infrastructure plans and specifications. You have previously approved the onsite plans. Deric J. Walter, Design Engineer at High Country Engineering, sent you copies of the Subdivision's plans in March, 1999. Y have called you on several occasions to check on the status of your review of the plans. Unfortunately, you have been unable to review them. This delay is unreasonable. Four Mile has a limited amount of time to submit a "complete" Final Plat, and Four Mile cannot afford to wait for your approval of the Subdivision's plans. Therefore, Four Mile is going to submit the Final Plat without your written approval. Onceyou review and approve the plans, please submit your written comments to Mark Bean, Director of Garfield County's Building and Planning Department. with a copy to our office. Thank you for your assistance in this matter and please call me if you have any questions. Verytruly yours, LEAVENWORTH & TESTER, P.C. KDC:hst K lly D. Cave cc: The Four Milc Ranch Development Company (Denver and Florida offices) (via fax) Mark Bean, Director Garfield County Building & Planning Department (via fax) Don DeFord, Esq. I :'.1 )9P,l,cucr,-Memos`,COI.O1)NY- iloini si u -lir ] wrd LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH *Admitted in Wisconsin only November 24, 1999 Larry O. Thompson, City Engineer City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Itlaw@sopris.net VIA FACSIMILE RE: Approval of the Four Mile Ranch's Wastewater and Water Infrastructure Dear Larry: I am writing on behalf of The Four Mile Ranch Development Company ("Four Mile"). As you know, Four Mile has been ready to submit its Final Plat for the Four Mile Ranch Subdivision to Garfield County for the past few months. The submittal is complete except for your written approval of the Subdivision's wastewater and road offsite infrastructure plans and specifications. You have previously approved the onsite plans. Deric J. Walter, Design Engineer at High Country Engineering, sent you copies of the Subdivision's plans in March, 1999. I have called you on several occasions to check on the status of your review of the plans. Unfortunately, you have been unable to review them. This delay is unreasonable. Four Mile has a limited amount of time to submit a "complete" Final Plat, and Four Mile cannot afford to wait for your approval of the Subdivision's plans. Therefore, Four Mile is going to submit the Final Plat without your written approval. Once you review and approve the plans, please submit your written comments to Mark Bean, Director of Garfield County's Building and Planning Department, with a copy to our office. Thank you for your assistance in this matter and please call me if you have any questions. Very truly yours, LEAVENWORTH & TESTER, P.C. KDC:bsl K-lly D. Cave cc: The Four Mile Ranch Development Company (Denver and Florida offices) (via fax) Mark Bean, Director Garfield County Building & Planning Department (via fax) Don DeFord, Esq. RE I 2 9 1999 F: \ 1999\ Letters -Memos \CO LO DN Y -Thompson -I tr- l . wpd LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH *Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW September 17, 1999 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Itlaw@sopris.net RE: Minor Modification to Four Mile Ranch's Public Trail and Bike Path Dear Mark: I am writing to confirm our telephone conversation today regarding minor modifications to the Four Mile Ranch Subdivision's Public Trail and Bike Path. As we discussed, these minor modifications will occur completely within the Subdivision's property boundary, the Final Plat will be updated with the changes prior to recordation, and these modifications will not require an amendment of the Preliminary Plan. Due to the contour of the landscape at the northwest corner of the Four Mile Ranch Subdivision, a minor modification of the Public Trail and Bike Path is necessary. The trail will be moved slightly in some locations. For example, in one location, the trail and easement will have to move approximately twenty (20) feet to the east away from the Four Mile Road to avoid a culvert. In addition, The Four Mile Ranch Development Company will construct two accesses from the trail. to the road, one at the north and south ends of the Subdivision, to provide public access to the trail from the Four Mile Road. Finally, The Four Mile Ranch Development Company is granting an easement to US West Communications in the northwest corner of the Subdivision to place telephone facilities. This easement will be twenty (20) feet by twenty (20) feet. RECEIVED SEP 2 n 1999 F:\1999\Letters-Memos\COLODNY-4 Mile-Bean-ltr-1.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 2 September 17, 1999 As we discussed, all of these minor modifications occur on the Subdivision's property. High Country Engineering is working on the plans for these minor modifications, and we will forward a copy of them to you next week. Please call me if you have any questions regarding this matter. Thank you for your assistance. Very truly yours, LEAVENWORTH & TESTER, P.C. YQ.(2,QA,,062,0 Kelly D. Cave KDC:bsl cc: The Four Mile Ranch Development Company (Denver and Florida) High Country Engineering, Inc. F:\1999\Letters-Memos\COLODNY-4 Mile-Bean-ltr-l.wpd LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH *Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW July 26, 1999 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 ltlaw@sopris. net RE: Supplemental Information for Four Mile Ranch Subdivision/Final Plat Submission Dear Mark and the Garfield County Planning Department: Attached for your review and consideration are five copies of Deric Walter's cost estimate letter and table for the public improvements for the proposed Four Mile Ranch Subdivision dated July 23, 1999. I spoke with Don DeFord, Esq. on July 23, 1999, and he requested additional information regarding the road, water and sewer improvements to supplement the Final Plat application submitted on June 24, 1999. Please update the Four Mile Ranch Subdivision's submittal packet to include Mr. Walter's letter. Please disregard the letter previously submitted by Joe Hope. Please call me if you need any additional supplemental information or if you have any questions regarding this matter. Very truly yours, LEAVENWORTH & TESTER, P.C. Kelly D. Cave KDC:bsl Enclosures cc: The Four Mile Ranch Development Company, w/enc. High Country Engineering, Inc., w/enc. Zancanella & Associates, w/enc. F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-2.wpd RECEIVED JUL 2 7 011.0 11.1 Ari STATE OF COLORADO Bill Owens, Governor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 Located in Glendale, Colorado http://www.cdphe.state.co.us Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver CO 80220-6928 (303) 692-3090 Four Mile Ranch Development Company, Inc. 2500 North Military Trail, Ste 175 Boca Raton, FL 33431 Colorado Department of Public Health and Environment April28, 1999 CERTIFIED NO. / 33,5 .5—e Re: Stormwater Inspection and Permit Requirements for Construction Activities Four Mile Ranch Development Company, Inc. - Four Mile Ranch Garfield County Dear Sir or Madam, An inspection of the above referenced site was conducted by the Water Quality Control Division on April 8, 1999. The inspection was performed by the Stormwater program in conjunction with permit requirements for the discharge of stormwater from a construction site. The inspection was unscheduled and therefore was not attended by a representative from the site. We have no record that you or anyone else has applied for or obtained a Stormwater Discharge Permit for the above referenced project. In 1987, the US Congress amended the Clean Water Act to expressly include stormwater discharges from industrial and construction sites as requiring Clean Water Act controls. In 1990, EPA issued regulations that require specific industrial and construction activities to obtain permits in order to discharge stormwater from their facilities. Construction activities disturbing five or more acres are specifically included. The Water Quality Control Division of the Colorado Department of Public Health and Environment has direction and authority to administer the stormwater permit program in Colorado. Since the above -referenced site is specifically included under the regulations, a Stormwater General Permit for Stormwater Discharges Associated with Construction Activities is required. A copy of the application form has been enclosed for your use. The application should have been completed and submitted to our office prior to beginning construction. Since activities have already begun, the application should be returned by May 15, 1999. Note that the application requires the preparation of a Stormwater Management Plan (SWMP). A guidance document on the SWMP preparation has also been enclosed. Please submit your SWMP along with your application. If you fail to obtain a required stormwater permit and discharge stormwater from the site once activities have started, you are in violation of the Clean Water Act. Four Mile Ranch April 28, 1999 Page 2 During the inspection, the following issue was observed and needs to be addressed. 1) No Best Management Practices (BMPs) were observed at the development to prevent erosion and subsequent transport of sediment from the north side of the development. The drainage way just off the north end that is a tributary to Fourmile Creek is a State water and needs to be protected. BMPs need to be installed immediately to prevent possible degradation of this drainage way and of Fourmile Creek. Please prepare a report on what measures have been taken to prevent erosion and subsequent discharge of sediment into the Colorado River, and submit it to our office along with your application by May 21, 1999. I have enclosed a fact sheet on the overall stormwater program, for your information. If you have any questions, feel free to give me a call at (303) 692-3555. Sincerely, athan oore Environmental Protection Specialist Permits Unit WATER QUALITY CONTROL DIVISION Enclosures xc: District Engineer, WQCD Garfield County Health Department Robert Szrot, Garfield County O 3:28PM LEAVENWORTH & TESTER, P. C. LEAVENWORTH & TESTER, P.C. ATTORNEYS AT 1 A 1.0YAL E LEAVENWORTII CYNTHIA C. TESTER GREGORY J. HALL DAVir> 1I. McCONAUGIIY KELLY D CAVE. DAVID A MCISINC}Eft* FOM KINNF.Y . SAN W LAA'rsCM ' ;wired i„ wisenwin only January 4, 2000 Don DeFord, Esq. Ciarf icld County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 NO. 5171 P. �i� 1011 GRAND AVENUE P 0DRAWER 2030 GI ENW000 SPRIiYGS, COLORADO 81602 TEiLEPHONE; (970) 945-2261 FAX: (9700 945-7336 ttaw@N(>prI.,let VIA FAX Re: Tolling Exniration of Fo_uuMile Ranch Subdivision's Preliminary Plan Approval Dear Don: i am writing on behalf of The Four Mile Ranch Development Company ('Four Mile ). As you know, Four Mile submitted its final plat on December 27, 1999. The submission is complete except for resolution of the off-site road and sewer infrastructure construction which shall be addressed ar 10:30 a.m. on January 10, 2000, at the Garfield County Board of County Commissioners meeting. Therefore, in accordance with Garfield County Subdivision Regulation 5.12, Four Mile anticipates that its final plat shall he approved prior to March 9, 2000, the deudlin e established in the Garfield County Resolution No. 98-13. However, due to timing problems beyond Four Mile's control, such as the City of Glenwood Springs' seven month delay in reviewing the off-site plans and the County's failure to acquire additional right-of-way on County Road 117, and due to the unresolved issues with the off- site road and sewer infrastructure such as potential special use permit requirements with the City, it is possible that approval of Four Mile's final plat could be after the March 9, 2000. After discussing this timing issue with you and Mark Bean, it is my understanding that since Four Mile submitted a completed final plat to the best of its ability on December 27, 1999, and considering rhe time delays brought on by the City and County described above, the County agrees that the March 9, 2000, approval deadline established in Garfield County Resolution No. 98-13 shall be lolled by virtue of filing the final plat application in December. We will assume that this is your interpretation of the matter unless we hear from you otherwise. 'Thank you for your assistance. LEL:hsl cc: The Four Mile Development Company, Inc. (Dgnver ar i Florida) Very truly yours, LEAVENWORTH & TESTER, P.C. Lola] 1 , Leavenworth 1 7(XX)1l,tylers-Men;n.0 -01.0I)NY-I).l-ord-Itr-I. wpd LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH *Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW January 25, 2000 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Shite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 ltlaw@sopris. net VIA FAX RE: Scheduling of Consideration of the Four Mile Ranch Subdivision Final Plat by Garfield County Board of County Commissioners ("BOCC") Dear Mark: I am writing on behalf of the Four Mile Ranch Development Company ("Four Mile"). This letter confirms our telephone conversation yesterday regarding the scheduling of the Four Mile Ranch Subdivision's ("Subdivision") Final Plat for consideration by the BOCC on March 6, 2000. As you know, Four Mile submitted its Final Plat for the Subdivision on December 27, 1999. On January 10, 2000, Four Mile met with the BOCC, and the BOCC agreed that the Four Mile shall re -grade and improve the existing County Road 117 from approximately one hundred feet (100') south of the intersection with Midland Avenue to the entrance of the Subdivision. Due to inadequate right-of-way in certain sections of County Road 117, Four Mile has to obtain an easement from the property owner of the land adjacent to and east of County Road 117, Glenwood Land Company, LLC ("GLC"), to re -grade and improve County Road 117. Four Mile met with GLC on January 17, 2000, and the parties are currently finalizing an easement agreement. Furthermore, since GLC's property is zoned hillside preservation, Four Mile also has to obtain a special use permit from the City of Glenwood Springs. Four Mile is fmalizing and will submit its special use permit application this week to the City of Glenwood Springs. The special use permit hearing before the City of Glenwood Springs is scheduled for February 22, 2000. Four Mile would like to obtain the special use permit before the BOCC considers its approval of Four Mile's Final Plat. I telephoned you yesterday to request that the BOCC consider Four Mile's Final Plat after February 22, 2000. Therefore, you concluded that the BOCC should consider Four Mile's Final Plat on March 6, 2000. F:\2000\Letters-Memos\COLODNY-4 Mile-Bean-ltr-1.wpd GARFIELD COUNTY DEPARTMENTRECc1`u'E® JAN 2 C 2L00 w 6TH ST. - SUITE 303 \ GLENWOOD SPRINGS, CO 81901 LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 2 January 25, 2000 Four Mile is finalizing the plans for the off-site improvements with the 2:1 catch -slopes. Four Mile submitted a copy of the proposed off-site plans to the City of Glenwood Springs for review last week. The final plans and the revised remaining cost estimates will be submitted to the County within the next few days. Finally, if either you or Don DeFord have any questions or concerns regarding Four Mile's Final Plat submittal, please call me. Very truly yours, LEAVENWORTH & TESTER, P.C. Kelly D. Cave KDC:bsl cc: The Four Mile Ranch Development Company (Denver and Florida) High Country Engineering, Inc. F:\2000\Letters-Memos\COLODNY-4 Mile-Bean-ltr-l.wpd FEB. 28. 2000 10:22AM LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGEY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU To: Phone: Fax: To: Phone: Fax: From: LEAVENWORTH & TESTER LEAVENWORTH & TES LW, P.C. ATTORNEYS AT LAW NO. 945 F. 1/3 1011 GRAND AVENUE P. O- DRAWER 2A30 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-22G1 FAX; (970) 945-7336 ltiaw(Osopris.net FACSIMILE TRANSMITTAL SHEET Don DeFord, Esq, 945-9150 945-7785 Mark Bean 945-8212 945-7785 Kelly D. Cave, Esq. Number of pages to be transmitted: Date: February 28, 2000 Time: 10:25 AM (including cover page) Document Description: Letter dated 2/23/00 from Andrew McGregor to Kelly Cave REMARKS: NOTE: If you encounter any difficulty in receiving the total number of pages indicated above, PLEASE CALL (970) 945-2261 AS SOON AS POSSIBLE. Brenda Operator ORIGINAL SENT BY U.S. MAIL _X_ ORIGINAL NOT SENT THIS FACSIMILE TRANSMISSION IS STRICTLY CONFIDENTIAL AND IS INTENDED OINLY FOR THE INDIvIDUAL OR ENTITY NAMED ABOVE. IF YOU HAVE RECEIVED TS[S FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY THIS OFFICE IMMEDIATELY AND RETURN THE TRANSMISSION TO US AT THE ABOVE ADDRESS. THANK YOU. F:\20001FaxerACOLODNY-Bean-DeFord-fax-l.wpd FEB. 28.2000 10:22AM J February 23, 2000 LEAVLVNUKIH & IHI LK Kelley Cave Leavenworth and Tester, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 RE: Four Mile Ranch SUP NU. 94 r. 2/J \ 1FT-LIT IIS J ��\ ilii _ J " _ L FEB 2 NE.G L LtAVtNVVO!rrlH& itbIrK,. , Dear Kelley, At their meeting last night, the Planning Commission approved your client's request for a special use permit to allow goad construction in the Hillside Preservation zone district. The approval was made subject to the following conditions: 1. All development shall be consistent with the approved application except where noted below. 2. The landscape plan shall be revised to reflect the placement of a minimum of five pinon trees below and adjacent to the boulder retaining wall prior to the issuance of a special use permit. 3. The applicants shall submit an irrigation plan prior to the issuance of a special use permit. The applicants shall be responsible for the payment of all fees associated with the irrigation water. Irrigation shall be maintained for a minimum of five years from the date of installation. 4. The applicants shall submit an erosion control plan prior to the issuance of a special use permit. 5. The applicant shall construct walls of basaltic boulders unless otherwise approved by the Community Development Director. 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 FAX: 945-2597 i FEB. 28. 2000 10:22AM LEAVENWORTH & TESTER NO. 945 N. 3/3 Upon the completion of conditions #2 through #4, a special use permit will be prepared for your review and execution. Please call me if you have any questions. Sincerely, Andrew McGregor Community Development Director MAR. 20. 2000 5:24PM LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU To: Fax: To: Fax: To: Fax: LEAVENWORTH & TESTER LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW NO. 591 P. 1/8 1011 GRAND AVENUE P. 0- DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Idaw®soprisaae[ FACSIMILE TRANSMI'T'TAL SHEET Don DeFord, Esq. 945-7785 Robert A. Holmes, Esq. (303) 830-1033 Lester Colodny (303) 733-9802 From: Kelly D. Cave, Esq. Number of pages to be transmitted: To: Fax: To: Fax: To: Fax: Date: March 20, 2000 Time: 1:04 PM Peter Burgess (561) 241-3206 High Country Engineering 945-2555 Mark Bean 945-7785 7 (including cover page) Document Description: Letter dated 3/20/00 to Don DeFord w/enc. REMARKS: NOTE: If you encounter any difficulty in receiving the total number of pages indicated above, PLEASE CALL (970) 945-2261 AS SOON AS POSSIBLE. Brenda Operator ORIGINAL SENT BY U.S. MAIL _X_ ORIGINAL NOT SENT THIS FACSIMILE TRANSMISSION IS STRICTLY CONFIDENTIAL AND IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU HAVE RECEIVED THIS FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY THIS OFFICE IMMEDIATELY AND RETURN THE TRANSMISSION TO US AT THE ABOVE ADDRESS. THANK YOU. F:12000Taxes\COLODNY-DeFord-Heancul-fax-I.wpd L.y i. LJ iv i -. 1...t..3 MAR. 20. 2000 5:25PM LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY X. HALL DAVID EI. McCONAUGIIY KELLY D- CAVE TOM KINNEY SUSAN W. LAATSCA JAMES S. NEU LEAVENWORTH & TESTER LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW Don DeFord, Esq. Garfield County Attorney 109 Eighth. Street, Suite 300 Glenwood Springs, CO 81601 March 20, 2000 Re: Four Mile Ranch Deposit Agreement Dear Don: NO. 591 P. 2/8 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 1tlawasopns.net VIA FAX Enclosed please find a redline version of the Deposit Agreement_ The bank that is funding the cash deposit, MidFirst Bank, requested a few minor changes in the Deposit Agreement to provide MidFirst Bank notice of draw requests and the ability to cure a potential default. In addition, we added a recital to document the $58,000 contribution from the County for the improvements to County Road 117. If I do not hear from you within the next seven (7) days, I will assume that these changes are approved. Please call me if you have any questions regarding this matter. LEL:bs1 Enclosure cc: Robert A. Holmes, Esq., via fax The Four Mile Ranch Development Company, via fax (Denver and Florida) High Country Engineering, Inc., via fax Mark Bean, via fax Very truly yours, LEAVENWORTH & TESTER, P.C. 56.'-- _, Leavenworth R\2000\L eroers-Memos\COLODNY-4 MILE-DcFord-lcr-S.wpd MAR. 20. 2000 5:25PM LEAVENWORTH & TESTER NO. 591 P. 3/8 DEPOSIT AGREEMENT OWNER: THE FOUR MILE RANCH DEVELOPMENT COMPANY PROPERTY: FOUR MILE RANCH SUBDIVISION COUNTY OF GARFIELD STATE OF COLORADO This Agreement is entered into by and between THE FOUR MILE RANCH DEVELOPMENT COMPANY (the "Owner") and THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (the "County"). WHEREAS, the Owner has to construct certain public improvements (`Improvements") for Four Mile Ranch Subdivision (the `Property") in accordance with the Subdivision Regulations of Garfield County, Colorado of 1984, as amended, and subject to a Subdivision Improvements Agreement (the "SIA") for the Property; and WHEREAS, the County has approved specific public improvements and an estimate of the costs of the Improvements in the amount of $ (the "Improvement Costs") which are detailed on the Engineer's Opinion of Probable Construction Costs for Four Mile Ranch Public Improvements, attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Owner has agreed to complete the installation of all public improvements by one year from the date of the STA; and WHEIIEA IS oii'1M161 `-6 OCl'0; G"a`ffe'Td'"CounlyB3 i"d o oua ommissioner agreed fo IransT r fifty eight thousan3-dolga` s S$Ss;IIOO 't"o°'Ilie casli-d os accouiif tiro -Ad -Ed Rif fici in' 1a a list; qui cost:,0' ':th '" o"' -sife iim vovements o -(count . Road 117 (C6ufi `! T. ntf..� . WHEREAS, the Owner desires to provide assurance that the Improvements are completed irrespective of a default by the Owner by placing a cash deposit with the County in the amount of $ fhe"Impir® emon os s minus th Jounq's CiftitY'iIbubanj (the "Improvement Funds"), and the County is willing to accept such an assurance in lieu of requiring a letter of credit or other security for the Improvement Costs; and WHEREAS, in addition to the Improvement Flinds cash deposit described above, the Owner shall deposit with the County an additional one percent (1%) of the Improvement Funds in the amount of $ (the "Service Fee"). F:\ 2000\Ageements\COLODNY-4 Milo Deposit Agmnl-wpb -1- MAR. 20. 2000 5:25PM LEAVENWORTH & TESTER NO. 591 P. 4/8 NOW THEREFORE, the parties agree as follows: 1. Cash Deposit. The Owner agrees that it shall be obligated in accordance with the terms of this Agreement to deposit with the County the sum of $ simultaneously with recordation of the Final Plat for the Property, to pay for construction of the Improvements plus the Service Fee minus the County's Contribution. In consideration of the Service Fee payable to the County Treasurer, the County shall place the Owner's cash deposit in an interest bearing account on behalf of Owner. Such account shall be subject to the terms and conditions of this Agreement. 2. Service Fee. The Service Fee shall pay for the County's administrative costs incurred in distributing and accounting for the Improvement Funds in accordance with the terms of this Agreement. The County's Service Fee shall be earned upon execution of this Agreement. 3. Disbursement Prpcedures, Improvement Funds shall be disbursed for payment of costs incurred in the construction of the Improvements described in the Engineer's Opinion of Probable Cost for Four Mile Ranch Public Improvements, attached as Exhibit "A." Disbursements shall be made only in accordance with the following procedures: a. Draw Requests. Draws of Improvement Funds shall be requested by the Owner delivering to the County Building and Planning Department iin i ilaWr f irilli a .edelraly_char assocla loi lThW t"Ta written request for disbursement on forms acceptable to the County. Each such request shall be signed by the Owner and the Project Engineer. The request shall certify: (i) all cost for which the draw is being requested have been incurred in connection with the construction of the Improvements; (ii) all work performed and materials supplied are in accordance with the plans and specifications submitted to and approved by the County; (iii) all work has been performed in a workmanlike manner; (iv) no funds are being requested for work not completed, or for material not installed or stored on site; and (v) the Project Engineer has inspected and approved the Improvements for which payment is requested and has certified that all such improvements have been constructed in conformance with the Plans and Specifications approved with the SIA. Upon receipt of a draw request which complies with the signature and certification requirements set forth above, the County may inspect and review the Improvements to which the draw request relates, and shall, within fifteen (15) days after having received the request, notify the Owner by a letter indicating potential deficiencies if the County determines that the request should not be approved as to all or any portion of the work for which payment is requested. If no letter of potential deficiencies is delivered to Owner within such 15 day period, the draw request shall be deemed approved by the County and shall be promptly presented to the Board of County Commissioners for signature, such signature being a condition precedent to the disbursement of Improvement Funds by the County. p:\2000\AgreemeorACOLODNY4 Mile Deposit Agnt-l.wpd -2- MAR. 20. 2000 5:26PM LEAVENWORTH & TESTER NO. 591 P. 5/8 b. 2Qcurnentation and Lien Waivers. Each draw request Oubtted-fd the Conn and to MIdki st shall be accompanied by (i) one original copy of each invoice to be paid; (ii) checks drawn on the Special Disbursement Account, made payable to the payee and in the amount of each invoice presented for payment; (iii) lien waivers in a form approved by the County prepared for signature by each payee; and (iv) postage paid envelopes addressed to each payee for the mailing of checks presented to the County. c. 'Disbursement. If the County approves the request for advance, the County shall advance Improvement Funds into the Special Disbursement Account and shall mail the checks to the payees in the envelopes presented to the County, together with the lien waivers and copies of supporting invoices. The County shall not be obligated to make a disbursement for the payment of an invoice if the County in good faith believes that: (i) the work has not been completed; (ii) the work has not been completed in a workmanlike manner; (iii) written approval has not been received from the Project Engineer or the County; or (iv) any lien waiver relating to any prior disbursement to the same person has been altered or modified or has not been returned to the County. The County shall promptly notify the Owner if any request for advance, or any portion thereof, is not approved by the County. d. Default. The Owner shall be in default under this Agreement if any act, omission or event occurs which constitutes a default by Owner and such default is not cured by Owner or if Owner fails to observe or perform any of the covenants, conditions or provisions of the SIA to be observed or performed by the Owner and such failure continues for a period of ten (10) days after written notice thereof is given by the County to the Owner; provided, however, if the nature of the Owner's default under the SIA is such that more than ten (10) days are reasonably required for a cure of such default, then the Owner shall not be deemed to be in default if Owner commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. After any such notice is given, the County shall not disburse Improvement Funds to or at the direction of the Owner. Disbursements subsequent to any notification of Default shall be made only pursuant to and in accordance with subsection 2.e., below. ua ifftartharoy notieei of-ffefanit oven to"�Owner"saall at &fie same tune be gin►en ito NlidFirst and ares to a_..c..... ---..._...-. - .. _ . ibyl .._... i3..._ �, t accept an itnde�al�g B�1\'1idFurst'to cure soca"deiaulfs �1Gti�si�%-'no�ties�tfie"tronri'y ,.,_�,...� .�.,,._..._..�..._,._ e. DisbutaszniattAttia.hipliagiSLU-dpEnr Default If the Improvements are not completely and satisfactorily constructed within one year from the date of the SIA, or upon any default by Owner as defined above, the County shall immediately Ceoviddee-i ofieeto MidFirst of such event and'cease disbursement of Improvement Funds to or at the request of the Owner. Any undisbursedf Improvement Funds shall thereafter be advanced solely to or at the direction of the County for the completion of the Improvements by such contractors as the County shall select. Thus, the County shall be obligated to complete the Tnaprovements in accordance with the Plans and Specifications, to the extent Improvement Funds are available, and to promptly pay the costs of construction so that no mechanics or material supplier's liens are asserted against the Property. F:\2000\Apoamcma\COLODNY-4 Mile Deposit AgIno-l.Wpd -3- MAR. 20. 2000 5:26PM LEAVENWORTH & TESTER NO. 591 P. 6/8 4. Remaining ImprovernenlF'unds. After certification of completion of improvements by the Owner, if the County determines that the improvements are not constructed in compliance with relevant specifications, it shall furnish a letter of potential deficiencies to the Owneranti Mf1dFiat within fifteen (15) days. If the letter is not furnished within fifteen (15) days, all improvements certified shall be deemed accepted, and the County shall release the appropriate amount of security as such relates to the completed and certified improvements. If a letter of potential deficiencies is furnished by the County, the County shall have thirty (30) days to complete its investigation and provide written confirmation of the deficiency to the Owner n M1dFirsi,,. If upon further investigation the County funds that the improvements are acceptable, then_the remaining funds together with accrued interest shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Deposit Agreement. 5. Waiver. Consent and Indem nitz. The Owner consents to disbursements and other actions authorized and provided for by the terms of this Agreement. Owner agrees that it will defend, indemnify, and hold the County harmless from any claim made on account of this Agreement and shall waive any claim against the County on account of the County's good faith performance of its obligations under this Agreement. 6. Sinding Ei%cl. This Agreement shall be binding on the heirs, successors, receivers and assigns of all parties and shall terminate when the County has accepted the Improvements and has recorded a release of the SIA. 7. Immunity. Nothing contained in this Agreement constitutes a waiver of the County's sovereign immunity under applicable state law. 8. No Partnership or Agency Created. The making and execution of this Agreement shall not be deemed to create any partnership, joint venture or other relationship between the parties or any of them, and no party shall be deemed an agent of any other party because of this Agreement or anything contained herein. 9. Recordation. This Agreement shall be recorded in the office of the Garfield County Clerk and Recorder. 10. Captions. The captions for the sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. F:\200o\Agreements\COLODNY-4 Mile Deposit Agmbl.wpd -4- MAR. 20. 2000 5:26PV LEAVENWORTH & TESTER O. 591 P. 7/8 11. Complete Agreement. This Agreement, including any exhibits or addenda, constitutes the entire agreement between the County and the Owner pertaining to the method of disbursement of Improvement Funds and the County's obligation to disburse Improvement Funds in the event of a default by the Owner. The parties acknowledge, however, that the County and the Owner have entered into the SIA. to which this Agreement is attached. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. 12. Notices. Any notice permitted or required by this Agreement shall be given in writing and shall be given by personal delivery, registered or certified mail, or by an express delivery service, Notice shall be effective upon the date of delivery, or of attempted delivery if delivery is refused. The parties' addresses for notice shall be as follows: County: Owner: With a copy to: Board of County Commissioners of Garfield County Garfield County Courthouse, Suite 300 109 8th Street Glenwood Springs, CO 81601 The Four Mile Ranch Development Company 1205 South Platte River Drive, Suite GL -100 Denver, CO 80223 Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. 1011 Grand Avenue P.O. Drawer 2030 ylidFlittti�Ir. Ned 1'arran Vice"PFesldei t TncothePro2erfyLoati Kdituniglafioil P.O: Box 7557 OkIiihomifCi y 73T41=0S77 Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address in the manner set forth above. F:\2000\Agreements\COLODNY-d Mile Deposit Agmt t.wpd -5- MAR. 20. 2000 5:27PM LEAVENWORTH & TESTER O. 591 P. 8/8 13. Severability. In the event any part of this Agreement is found to be void, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void part was deleted. DATED this day of , 2000. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Attest: Title: Clerk THE FOUR MILE RANCH DEVELOPMENT COMPANY By: Lester B. Colodny, Chairman FA20001Agccments\COLODNY-4 Mile Deposit Agmt.l.wpd -6- •■ s. LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SANDER N. KARP DAVID E. LEAVENWORTH, JR. GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU JULIE C. BERQUIST LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 Itlaw@sopris.net May 15, 2000 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Four Mile Ranch Subdivision Dear Mark: DENVER OFFICE:* THE TERRACENTRE BUILDING 1100 STOUT STREET, SUITE 470 DENVER, COLORADO 80204 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 ltlawdenver@aol.com *(Please direct all correspondence to our Glenwood Springs Office) As we discussed on the phone this afternoon, the Four Mile Ranch Subdivision's fmal plat was conditionally approved by the Garfield County Board of County Commissioners ("BOCC") on March 6, 2000. Under Section 5.13 of the Garfield County Regulations, Four Mile Ranch Development Company has ninety (90) days from the date of Board approval to record the final plat, or until Monday, June 5, 2000. Although we expect to record the final plat before this deadline, unexpected delays may arise and therefore, we would like to be placed on the BOCC's consent agenda for June 5, 2000, to request a thirty (30) day extension of time in which to record the final plat. The Subdivision Improvements Agreement, Restrictive Covenants, and three (3) sets of mylars are ready for the BOCC's signatures. We .sent Don DeFord, Esq. a sample form of a payment and performance bond to approve for the off-site road improvement work, and we are fmalizing the Cash Deposit Agreement. A fmal remaining cost letter will be forthcoming. Again, we expect to record the final plat before June 5, 2000, but would still request a thirty (30) day extension to be on the safe side. Thanks for your help and please call to let me know if I need to be there. Please call me if you have any questions. Very truly yours, LEAVENWORTH & TESTER, P.C. LEL:lln Lo . �. Leavenworth cc: Don DeFord, Esq. The Four Mile Ranch Development Company (D e r and Florida) Joe Hope, P.E. 1:\2000\Letters-Memos\COLODNY-4 Mile-Bean-ltr-3.wpd 100Z 9 L AVW 03AI3336 422 SIGN FINAL PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR FOUR MILE RANCH 423 SUBDIVISION 424 425 Lee Leavenworth and Don DeFord 426 Don suggested to the Board to sign the 3-900 - and direct the Clerk to hold recording all plat 427 documents. 428 Don explained - normally a letter of credit - the applicant wishes to deposit cash to the Treasurer. - There is a fee to hold those funds. Don recommended to proceed in this manner. 429 430 Cost of additioinal improvements 431 Lee said there should be a firm agreement on the road. 432 Don said, in the motion transfer $58,000 funds to apply toward construction of the road. 433 for Road and Bridge - 434 Motion - for approvl of the Subdivisioin Improvements Agreement for Four Mile Ranch (former motion made by Stowe - for the amount of money 435 The motion handed out - Don handed out -- 436 Lee has asked that the money be transferred in the amount of not to exceed $58,000 - up to the 50% of 437 the cost. 438 with no additional 439 aurhtoirze transfer of $58,000 as the total amount of Stowe, McCown - carried. 3-1340 - Stowe read into the record -- 440 carried. 441 A motion was made by Commissioner Stowe to approve the Four Mile Ranch Subdivision's Final Plat, the 442 Subdivision Improvement Agreement and the Cash Deposit Agreement, and direct Mildred Alsdorf to 443 record Four Mile's Final Plat upon receipt of Four Mile's fully execuited mylars and fully executed SIA and 444 Cash Deposit Agreement, and Four Mile's cash deposit for completion of the public mprovements in an amount to be approved by staff, and tht we approve a transfer of $58,000 from the County as the 445 maximum obligation of Garfield County to Four Mile's cash deposit account, once it is funded by Four Mile, 446 in satisfaction of the County's pledge to assist in the improvements to County Road 117. Commissioner 447 McCown seconded. 448 Discussion - Don DeFord clarified that no convenyance would be made until the final plat has been 449 signed. Lee Leavenworth stated that he understood. 450 Lee will be happy to required that some ads in the newspaper adressing the management of trffic. 451 forwarded to the courthouse 452 453 3-1600 -Procedure for the Public Health - first line of appeal for any cititation - hearing date - Mary needs 454 counsel - appoint Sherry Coloia - former experience in County in this area. 455 A motion was made by mCCOWN to appoint Sherry Caloia 456 RTA DISCUSSION - 3-1762 457 Helping to form this - 4 Resolutions - 458 Martin - agreement to attend 459 Jeanne Hubbel - Mary Steinbreker - meetings - jurdis - areas included in a taxing district. 460 RTA Policy looked at the boundaries - if GARCo is interested - the unincorporated areas of Garfield and 461 sign a resolution of intent to participate. AH others have signed. 462 Mary - Dan - the Resolution is a non-binding nor that they agree to place it on the ballot. It means coming 463 to the table stating their issues and concerns 464 Mary Steinbrecker - if GARCO - we could also have the discussion that includes western Garfield County. 465 Stowe - 3-2000 - RFTA could be under RTA. The idea of coming to the plate - no financing - no 466 agreement to necessarily to put this on the ballot. He wants to go forward and participate in these discussions. 467 Martin - if it's a non-binding why 468 Dan Blankenship said the Resolution formalizes the particiption. To get those Resolutions adopted gives 469 RTA the knowledge of who is goig to participate. Staff felt that they had sone feedback. On ce the 470 Resolution was generated, it stimulated some interest. All that are intereted in participating have signed - 471 GARCO - It will give the others a sense of commitment. Stowe - hold hearings - 3-2300 - 472 Dan said the process of creating this RTA means - 2 public hearings before adopting. If a lot of citizens 473 disapprove - then 474 The resolution'as drafted is staffs best guest as to what should be included in it. The main intent is that 475 the particular jurisdiction was willing to participate in the discussions. 476 Don 3-2400 Cardiff - resident - participant in these discussions. He urged the County to participate in these 477 discussions. Common grounds are trash and travel. In this area - it is important for all officials to 478 participate. He felt the County's participation is valuable. He encouraged they come to the table in 479 agreement - no preconceived notions. Referenced RFRHA - as the County pesitering them. 480 Martin - said his concern was BM clear to Sweetwater - the entire valley. • Report Date: 07/03/2000 10:19AM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 20002065 SCHEDULE NO: R080089 ASSESSED TO: FOUR MILE RANCH DEVELOPMENT COMPANY 1011 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 ORDER NO: VENDOR NO: LEE LEAVENWOTH LEGAL DESCRIPTION: SECT,TWN,RNG:27-6-89 DESC: A TR. OF LAND IN THE S2 SEC. 27 & N2 SEC. 34 CONT. DESC: 32 AC. LESS AIRPORT RD. ROW OF .10 AC. EXCEPT DESC: .113 AC FOR ROW AS DESC IN BK 1019, PG 247. BK:0561 PG:0278 BK:0668 PG:0910 BK:0883 PG:0855 BK:0883 PG:0840 BK:0983 PG:0093 BK:1073 PG:0562 BK:1077 PG:0305 PARCEL: 218527400039 SITUS ADD: 117 RD 6-89 SEC 27 & 34 TAX YEAR CHARGE TOTAL TAXES TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 TAX YEAR ASSESSMENT TOTAL ASMT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 TAX YEAR TAX LIEN SALE TOTAL STATEMENT TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE 0.00 GRAND TOTAL DUE AS OF 07/03/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 008 - 1G -DF Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 8.812 10.75 Land 4210 1220 GLENWOOD RURAL FIRE 5.623 6.86 Exempt 0 0 COLORADO RIVER H2O 0.282 0.34 Improve 0 0 WEST DIVIDE H2O 0.248 0.30 SCHOOL RE -1 41.445 50.56 Total 4210 1220 COLORADO MT COLLEGE 3.655 4.46 GLENWOOD FIRE - BOND 0.000 0.00 ROAD & BRIDGE FUND 1.205 1.47 SOCIAL SERVICES DEPT 0.883 1.08 GARFIELD CAP EXP 2.755 3.36 64.908 79.18 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 01 -JAN -97, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 03rd day of July, 2000. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 • Report Date: 07/03/2000 10:20AM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 20002066 SCHEDULE NO: R080092 ASSESSED TO: FOUR MILE RANCH DEVELOPMENT COMPANY 1011 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 ORDER NO: VENDOR NO: LEE LEAVENWORTH LEGAL DESCRIPTION: SECT,TWN,RNG:27-6-89 DESC: SEC.27&34 TR OF LAND IN S1/2 SEC.27 & N1/2 SEC.34 DESC: CONT. 36.6AC LESS AIRPORT RD. 1.6A BK:0561 PG:0278 BK:0668 PG:0910 BK:0883 PG:0855 BK:0883 PG:0840 BK:0983 PG:0093 BK:1077 PG:0305 PARCEL: 218527400040 SITUS ADD: 117 RD 6-89 SEC 27 & 34 TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE AS OF 07/03/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 008 - 1G -DF Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 8.812 11.02 Land 4310 1250 GLENWOOD RURAL FIRE 5.623 7.03 Exempt 0 0 COLORADO RIVER H2O 0.282 0.35 Improve 0 0 WEST DIVIDE H2O 0.248 0.31 SCHOOL RE -1 41.445 51.81 Total 4310 1250 COLORADO MT COLLEGE 3.655 4.57 GLENWOOD FIRE - BOND 0.000 0.00 ROAD & BRIDGE FUND 1.205 1.51 SOCIAL SERVICES DEPT 0.883 1.10 GARFIELD CAP EXP 2.755 3.44 64.908 81.14 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 01 -JAN -97, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 03rd day of July, 2000. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Report Date: 07/03/2000 10:20AM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 20002067 SCHEDULE NO: R080091 ASSESSED TO: FOUR MILE RANCH DEVELOPMENT COMPANY 1011 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 ORDER NO: VENDOR NO: LEE LEAVENWORTH LEGAL DESCRIPTION: SECT,TWN,RNG:27-6-89 DESC: TR OF LAND LYING ELY OF CO.RD. 117 BK:0561 PG:0278 BK:0668 PG:0910 BK:0883 PG:0855 BK:0883 PG:0840 BK:0983 PG:0125 BK:1077 PG:0299 PARCEL: 218527300037 SITUS ADD: 117 RD 6-89 SEC 27 TAX YEAR CHARGE TOTAL TAXES TAX YEAR ASSESSMENT TOTAL ASMT TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDE TOTAL STATEMENT GRAND TOTAL DUE AS OF 07/03/2000 FEE TOTAL DUE 0.00 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 008 - 1G -DF Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 8.812 11.02 Land 4310 1250 GLENWOOD RURAL FIRE 5.623 7.03 Exempt 0 0 COLORADO RIVER H2O 0.282 0.35 Improve 0 0 WEST DIVIDE H2O 0.248 0.31 SCHOOL RE -1 41.445 51.81 COLORADO MT COLLEGE 3.655 4.57 GLENWOOD FIRE - BOND 0.000 0.00 ROAD & BRIDGE FUND 1.205 1.51 SOCIAL SERVICES DEPT 0.883 1.10 GARFIELD CAP EXP 2.755 3.44 Total 64.908 81.14 - TAXES FOR 199 4310 1250 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT T ES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREAS ' : R'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND OBILE HOMES - 01 -JAN -97, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY SASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH TH BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property es transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real prope and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed wi the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 03rd day o July, 2000. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 • Report Date: 07/03/2000 10:21AM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 20002068 SCHEDULE NO: R080090 ASSESSED TO: FOUR MILE RANCH DEVELOPMENT COMPANY 1011 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 ORDER NO: VENDOR NO: LEE LEAVENWORTH LEGAL DESCRIPTION: SECT,TWN,RNG:27-6-89 DESC: TR OF LAND IN S 1/2 LYING ELY OF CO.RD. 117. DESC: EXCEPT A TR. CONT. .413 AC. AS DESC. IN 1019/245 DESC: USED FOR CO. RD. ROW. BK:0561 PG:0278 BK:0668 PG:0910 BK:0883 PG:0855 BK:0883 PG:0840 BK:0983 PG:0125 BK:1077 PG:0299 PARCEL: 218527300038 SITUS ADD: 117 RD 6-89 SEC 27 TR IN S1/2 TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE AS OF 07/03/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 008 - 1G -DF Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 8.812 11.53 Land 4290 1250 GLENWOOD RURAL FIRE 5.623 7.37 Exempt 0 0 COLORADO RIVER H2O 0.282 0.37 Improve 220 60 WEST DIVIDE H2O 0.248 0.32 SCHOOL RE -1 41.445 54.29 Total 4510 1310 COLORADO MT COLLEGE 3.655 4.79 GLENWOOD FIRE - BOND 0.000 0.00 ROAD & BRIDGE FUND 1.205 1.58 SOCIAL SERVICES DEPT 0.883 1.16 GARFIELD CAP EXP 2.755 3.61 64.908 85.02 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 01 -JAN -97, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 03rd day of July, 2000. NLtIVOL-A&L-V-1— TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 GLENWOOD SPRINGS ESTIMATE June 24, 1997 Four Mile Ranch cc(abgg.n ELECTRIC SYSTEM Proposed work: Estimate #1 Midland Avenue to Four Mile Ranch Material: 51,457.68 Transformer: 0.00 Sectionalizer: 22,557.16 10% Stores Expense: 7,401.48 81,416.32 Electric Labor: 12,048.00 30% Fringes/overhead 3,614.40 15,662.40 Excavating: 0.00 Gravel: 0.00 Asphaft: 0.00 Concrete: 0.00 Sod: 0.00 10% Overhead: 0.00 0.00 Total Estimate: 97,078.72 Note: This estimate does not include any excavation cost. This is an estimate only. The total cost of the project will be determined at completion of the job. Any questions concerning this estimate should be directed to Jim Gambrel, Electric Superintendent at 945-6672. The above amount is due in full, in advance, before work can begin. Please make remittance payable to: Glenwood Springs Electric System 806 Cooper Avenue - P. O. Box 458 Glenwood Springs, CO 81602 302 W. 8TH STREET GLENWOOD SPRINGS. COLORADO 81601 303/ 945-6672 ■� u JUN -28-2000 WED 02:09 PM CITY OF GLENWOOD SPRINGS FAX NO. 9709452597 r■ i■ ■■.r ■ June 28, 2000 P. 01 Mr. Mark Bean, Director Garfield County Building and Planning Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 Re: Four Mile Ranch, Off -Site Utilities Dear Mark: The City has reviewed and hereby approves the plans and specifications for the off-site sanitary sewer construction for the Four Mile Ranch project, subject to the following conditions: 1. The construction shall be in accordance with plans and specifications prepared by High Country Engineering, Inc. dated 2/10/00. 2. Prior to utilization of the sanitary sewer, the developer shall perform a video inspection of the short segment of existing sanitary sewer under Three Mile Creek and furnish the results to the City's Wastewater Department. We would encourage the developer to do this at the earliest opportunity to allow time for any deficiencies to be corrected, if necessary, before wastewater is introduced into this line from the Four Mile Ranch project. 3. The developer and/or contractor shall assure that the minimum utility separations as shown on the project plans can be achieved. If field conditions require any changes to achieve the specified separations, the developer and/or contractor shall contact the design engineer to make appropriate design changes and shall advise the City of the need to make such changes. 4. The provision of sewer service to this project shall be in accordance with the terms of the Pre - Annexation Agreement - Four Mile Ranch Subdivision Annexation dated September 25, 1997. Please let me know if you have any quest, ns, or if you require further documentation on this matter. Sicerely,° / (Li -- Larry O. Thompson, P.E. City Engineer cc: Deric Walter, High Country Engineeering Robin Millyard, Public Works Director Buddy Burns, Water & Wastewater Supervisor 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 FAX: 945-2597 MAR. 20. 2000 5 ; 22P1\1 LOYAL E. LEAVENVORTA CYNTHIA C. TESTER GREGORY J. HALL DAA EL McCONAUGm KELLY D. CAVE TOM SUSAN LAATSCH JAI�s S- NSU To: Fax: To: Fax: To: Fax: From: Number of pages to be transmitted: ent Description: Letter dated 3120/00 to Don Docwu LE WORTH & TESTER IV V. .1 RECEIVED TESTER, P.C. MAR 21 2000 LEAV�OR'I`� & e ATTORNEYS AT LAW l011 AVENUE p O i�� $2�O___ - PAX: (970) 945-7336 11aw®soprlsset "T'RANSN TAL ET FAC5Il�-E Don DeFord, Esq. 945-7785 Robert A. Holmes, Esq. (303) 8304033 Lester Colodny (303) 733-9802 Kelly D. Cave, Esq. To: Fax: To; Fax: To: Fax: Date: March 20, 2000 Time: 1:04 PM Peter Burgess (561) 241-3206 High Country Engineering 945-2555 Mark Bean 945-7785 7 _ (including cover pa REMARKS: Ford number o pages indicated NOTE: If you encounter any difficulty in receiving the total NAS POSSIBLE. above, PLEASE CALL (970) 945-2261 AS SOO 'Brenda Operator ORIGINAL NOT SENT ORIGINAL SENT BY U.S. MAILEp ONLY FOR 'THE STRICTLY CONFIDENTIAL AND IS C,4IlDED TRANSMISSION Shy MED IS VE- VE F� THIS ON TO US THIS FACSII�-E� NAMED COVE- IF YOU �Y AND RETURN 'T� TRANSMISSION �Ip g PLEASE NOTIFY THIS OFFICE IMMEDIATELY INERROR, THE ABOVE ADDRFSS- 'TANK YOU. Tiean -rax-1.wpd P:�.oO0\P��\COIADI`n-DeFord- MAR. 20. 2000 5:22PM LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY 7. BALL DAVID H. McCONAUGHY KELLY D- CAVE TOM KINNEY SUSAN W. LAATSCE JAMES S. NEU LEAVENWORTH & TESTER LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 March 20, 2000 Re_ Four Mile Ranch Deposit Agreement Dear Don: NO. 591 P. 2/8 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS. COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 ldawesopris.net VIA FAX Enclosed please find a redline version of the Deposit Agreement The bank that is funding the cash deposit, MidFirst Bank, requested a few minor changes in the Deposit Agreement to provide MidFirst Bank notice of draw requests and the ability to cure a potential default. In addition, we added a recital to document the $58,000 contribution from the County for the improvements to County Road 117. If I do not hear from you within the next seven (7) days, I will assume that these changes are approved. Please call me if you have any questions regarding this matter. LEL:bsl Enclosure cc: Robert A. Holmes, Esq., via fax The Four Mile Ranch Development Company, via fax (Denver and Florida) High Country Engineering, Inc., via fax Mark Bean, via fax Very truly yours, LEAVENWORTH & TESTER, P.C. E, Leavenworth F:12000\Lemers-Memos\COLODNY-4 MILE- Ford-lur-5-wpd MAR. 20. 2000 5:22PM LEAVENWORTH & TESTER NU. 591 F. 3/b DEPOSIT AGREEMENT OWNER: THE FOUR MILE RANCH DEVELOPMENT COMPANY PROPERTY: FOUR MILE RANCH SUBDIVISION COUNTY OF GARFIELD STATE OF COLORADO This Agreement is entered into by and between THE FOUR MILE RANCH DEVELOPMENT COMPANY (the "Owner') and THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (the "County"). WHEREAS, the Owner has to construct certain public improvements (`Improvements") for Four Mile Ranch Subdivision (the "Property") in accordance with the Subdivision Regulations of Garfield County, Colorado of 1984, as amended, and subject to a Subdivision Improvements Agreement (the "SIA") for the Property; and WHEREAS, the County has approved specific public improvements and an estimate of the costs of the Improvements in the amount of $ (the "Improvement Costs") which are detailed on the Engineer's Opinion of Probable Construction Costs for Four Mile Ranch Public Improvements, attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Owner has agreed to complete the installation of all public improvements by one year from the date of the SIA; and WHEREAS, on arc 6,10U0 is GifffieTd"C i nlYB?i fd iffrmtssioners a eed"fo Iran T r fifty eightousand dollWS 5 1IIOTo• ie caslii m os accoup pr Id+e8; RIF"iicrdi`n' to -a srs#, inWof:4 f>r "oif-sife I: roveme�fo�TC�s�ount • load TI7i`�Cbu y e, ; a contribution")ni ~ WHEREAS, the Owner desires to provide assurance that the Improvements are completed irrespective of a default by the Owner by placing a cash deposit with the County in the amount of $ e"Tmpire iii os mmus Elie Coup `'s Contribu on , (the "Improvement Funds"), and the County is willing to accept such an assurance in lieu of requiring a letter of credit or other security for the Improvement Costs; and WHEREAS, in addition to the Improvement Funds cash deposit described above, the Owner shall deposit with the County an additional one percent (1%) of the Improvement Funds in the amount of $ (the "Service Pee"). F:\2000\Ageemeuns\COLODNY-4 Mile Deposit Agme 1.wpd -1- MAR. 20. 2000 5:23PM LEAVENWORTH & TESTER O. 591 P. 4/8 NOW THEREFORE, the parties agree as follows: 1. Cash Deposit. The Owner agrees that it shall be obligated in accordance with the terms of this Agreement to deposit with the County the sum of $ simultaneously with recordation of the Final Plat for the Property, to pay for construction of the Improvements plus the Service Fee minus the County's Contribution. In consideration of the Service Fee payable to the County Treasurer, the County shall place the Owner's cash deposit in an interest bearing account on behalf of Owner. Such account shall be subject to the terms and conditions of this Agreement. 2. Service Fee. The Service Fee shall pay for the County's administrative costs incurred in distributing and accounting for the Improvement Funds in accordance with the terms of this Agreement. The County's Service Fee shall be earned upon execution of this Agreement. 3. Disbursementytocedures, Improvement Funds shall be disbursed for payment of costs incurred in the construction of the Improvements described in the Engineer's Opinion of Probable Cost for Four Mile Ranch Public improvements, attached as Exhibit "A." Disbursements shall be made only in accordance with the following procedures: a. Draw Requests. Draws of Improvement Funds shall be requested by the Owner delivering to the County Building and Planning Department an MidFirsf $an`k, a ledetally cbarterett iligs""assoclaiiodFIf t" a written request for disbursement on forms acceptable to the County. Each such request shall be signed by the Owner and the Project Engineer. The request shall certify: (i) all cost for which the draw is being requested have been incurred in connection with the construction of the Improvements; (ii) all work performed and materials supplied are in accordance with the plans and specifications submitted to and approved by the County; (iii) all work has been performed in a workmanlike manner; (iv) no funds are being requested for work not completed, or for material not installed or stored on site; and (v) the Project Engineer has inspected and approved the Improvements for which payment is requested and has certified that all such improvements have been constructed in conformance with the Plans and Specifications approved with the STA. Upon receipt of a draw request which complies with the signature and certification requirements set forth above, the County may inspect and review the Improvements to which the draw request relates, and shall, within fifteen (15) days after having received the request, notify the Owner by a letter indicating potential deficiencies if the County determines that the request should not be approved as to all or any portion of the work for which payment is requested. If no letter of potential deficiencies is delivered to Owner within such 15 day period, the draw request shall be deemed approved by the County and shall be promptly presented to the Board of County Commissioners for signature, such signature being a condition precedent to the disbursement of Improvement Funds by the County. F:\2000\Agreemen4\COLODNY.4 Mile DeposiT Agra-l.wpd -2- MAR. 20. 2000 5:23PM LEAVENWORTH & TESTER NO. 591 P. 5/8 b. Documentation and Lien Waivers. Each draw request itnb>�tfed�itie County and to MidF first shall be accompanied by (i) one original copy of each invoice to be paid; (ii) checks drawn on the Special Disbursement Account, made payable to the payee and in the amount of each invoice presented for payment-, (iii) lien waivers in a form approved by the County prepared for signature by each payee; and (iv) postage paid envelopes addressed to each payee for the mailing of checks presented to the County. c. Disbursement. If the County approves the request for advance, the County shall advance Improvement Funds into the Special Disbursement Account and shall mail the checks to the payees in the envelopes presented to the County, together with the lien waivers and copies of supporting invoices. The County shall not be obligated to make a disbursement for the payment of an invoice if the County in good faith believes that: (i) the work has not been completed; (ii) the work has not been completed in a workmanlike manner, (iii) written approval has not been received from the Project Engineer or the County; or (iv) any lien waiver relating to any prior disbursement to the same person has been altered or modified or has not been retumed to the County. The County shall promptly notify the Owner if any request for advance, or any portion thereof, is not approved by the County. d. Default. The Owner shall be in default under this Agreement if any act, omission or event occurs which constitutes a default by Owner and such default is not cured by Owner or if Owner fails to observe or perform any of the covenants, conditions or provisions of the SIA to be observed or performed by the Owner and such failure continues for a period of ten (10) days after written notice thereof is given by the County to the Owner, provided, however, if the nature of the Owner's default under the SIA is such that more than ten (10) days are reasonably required for a cure of such default, then the Owner shall not be deemed to be in default if Owner commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. After any such notice is given, the County shall not disburse Improvement Funds to or at the direction of the Owner. Disbursements subsequent to any notification of Default shall be made only pursuant to and in accordance with subsection 2.e., below-oun ag'lrrc'es tf y+ ponces""' 'of'cZefauTt given"fo"�Dwner"s�a�ll a file same`tiitie be given to MidF4rsf and agrees to at -Ce anlftu-detaladpbMldFirslt to cure inch deT II1fs u1Vhdr rst tini!y notes the (Nn`iit : bins "ifi%nt fo c5re: e. Disbursement fter Notification of Owner Default. If the Improvements are not completely and satisfactorily constructed within one year from the date of the SIA, or upon any default by Owner as defined above, the County shall immediatelyit noticET o NlidF irst of suth event and cease disbursement of Improvement Funds to or at the request of the Owner. Any undisbursed Improvement Funds shall thereafter be advanced solely to or at the direction of e County for the completion of the Improvements by such. contractors as the County shall select. Thus, the County shall be obligated to complete the Improvements in accordance with the Plans and Specifications, to the extent Improvement Funds are available, and to promptly pay the costs of construction so that no mechanics or material supplier's liens are asserted against the Property. F:\2000\Agreements\COLODNY-4 Mile Deposit Agora I.wpd -3- 1 MAR. 20. 2000 5:24PM LEAVENWORTH & TESTER NO. 591 P. 6/8 4. Remaining ImprovementFunds. After certification of completion of improvements by the Owner, if the County determines that the improvements are not constructed in compliance with relevant specifications, it shall furnish a letter of potential deficiencies to the Owner -And M1idFIS>w, within fifteen (15) days. If the letter is not furnished within fifteen (15) days, all improvements certified shall be deemed accepted, and the County shall release the appropriate amount of security as such relates to the completed and certified improvements. If a letter of potential deficiencies is furnished by the County, the County shall have thirty (30) days to complete its investigation and provide written confirmation of the deficiency to the Owner id MidF I t. If upon further investigation the County finds that the improvements are acceptable, then the remaining funds together with accrued interest shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Deposit Agreement. 5. Waives Consent and Inde1i13C. The Owner consents to disbursements and other actions authorized and provided for by the terms of this Agreement Owner agrees that it will defend, indemnify, and hold the County harmless from any claim made on account of this Agreement and shall waive any claim against the County on account of the County's good faith performance of its obligations under this Agreement. 6. )1inding Effect. This Agreement shall be binding on the heirs, successors, receivers and assigns of all parties and shall terminate when the County has accepted the Improvements and has recorded a release of the SIA. 7. Immuni.y. Nothing contained in this Agreement constitutes a waiver of the County's sovereign immunity under applicable state law. 8. No Partnership or Agency Created. The making and execution of this Agreement shall not be deemed to create any partnership, joint venture or other relationship between the parties or any of them, and no party shall be deemed an agent of any other party because of this Agreement or anything contained herein. 9. Recordation. This Agreement cha11 be recorded in the office of the Garfield County Clerk and Recorder. 10. Caption. The captions for the sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. g_\2poo\Agreements \COLODNY-4 Male Deposit Agm1 -4- MAR. 20. 2000 5:24PM LEAVENWORTH & TESTER NO. 591 P. 7/8 11. Complte Agreerazat. This Agreement, including any exhibits or addenda, constitutes the entire agreement between the County and the Owner pertaining to the method of disbursement of Improvement Funds and the County's obligation to disburse Improvement Funds in the event of a default by the Owner. The parties acknowledge, however, that the County and the Owner have entered into the SIA. to which this Agreement is attached. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. 12. Notices. Any notice permitted or required by this Agreement shall be given in writing and shall be given by personal delivery, registered or certified mail, or by an express delivery service. Notice shall be effective upon the date of delivery, or of attempted delivery if delivery is refused. The parties' addresses for notice shall be as follows: County: Board of County Commissioners of Garfield County Garfield County Courthouse, Suite 300 109 8th Street Glenwood Springs, CO 81601 Owner: With a copy to: The Four Mile Ranch Development Company 1205 South Platte River Drive, Suite GL -100 Denver, CO 80223 Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. 1011 Grand Avenue P.O. Drawer 2030 aid rs� MICNEETaFfig Vice Priit dent fidfirst"Batik I lei e iroyefft a Ai astrafio> P.D. Hui 'T5577 OkJia"homa�Ci yz 73T47:05577 Any party may change its address for purposes of tbis paragraph by giving the other party written notice of the new address in the manner set forth above. F:120001eagreemenm\COLODNY-4 Mae Deposit Agmt-l.wpd -5- MAR. 20. 2000 5:24PM LEAVENWORTH & TESTER NO. 591 P. 8/8 13. Severability. In the event any part of this Agreement is found to be void, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void part was deleted. DATED this day of , 2000. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Attest: Title: Clerk THE FOUR MILE RANCH DEVELOPMENT COMPANY By: Lester B. Colodny, Chairman F,\2000AAg emeaffi\COLODNY-o Mile Deposit Agmt..wpd -6- MAR. 6. 2000 10:54AM LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. MGCONAUGHY KELLY D. CAVE DAVID A. MEISINGER• TOM KINNEY SUSAN W. LAATSCH *Admitted in Wisconsin only To: Company: Phone: Fax: From: LEAVENWORTH & TESTER LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW NO. 125 P 1 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX; (970) 945-7336 ldaw®sopYL.net FACSIMILE TRANSMITTAL SHEET Don DeFord, Esq. Garfield County Attorney's Office 945-9150 945-7785 Lee Leavenworth g Number of pages to be transmitted: 4 (including cover page) Document Description: Letter re: County's $58,000 and Redline Motion REMARKS: Don -we included authorization for the $58,000 transfer for the road improvements in the Motion. Date: March 6, 2000 Time: 10:34 AM NOTE: If you encounter any difficulty in receiving the total number of pages indicated above, PLEASE CALL (970) 945-2261 AS SOON AS POSSIBLE. �y Operator ORIGINAL SENT BY U.S. MAIL X ORIGINAL NOT SENT THIS FACSIMILE TRANSMISSION IS STRICTLY CONFIDENTIAL AND IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU HAVE RECEIVED THIS FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY THIS OFFICE IMMEDIATELY AND RETURN THE TRANSMISSION TO US AT THE ABOVE ADDRESS. THANK YOU. F:\2000\Funs \COLODNY-DeFord. fan.-1,o/p4 MAR. 6. 2000 10:54AM LOYAL B. LBAVBNWORTH CYNTHIA C. TESTER GREGORY 3. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGEW TOM KINNEY SUSAN W. LAATSCIH 'Admitted in Wisconsin only LEAVENWORTH & TESTER LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW March 6, 2000 Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Re: 'v' Dear Don: NO. 12') N. 2 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 PAX (970) 945-7336 1tlaw®sopris.net VIA FAX AND HAND DELIVERY I am writing on behalf of The Four Mile Ranch Development Company ("Four Mile") . As you lnlow, the Garfield County Board of County Commissioners ("BOCC") met on January 10, 2000, and agreed that in the spirit of expediting the sewer construction on or before April 1, 2000, the County shall contribute fifty eight thousand dollars ($58,000) for the Four Mile Ranch Subdivision's off-site improvements. The BOCC preferred that Four Mile: (1) improve County Road 117 by re -grading and constructing the existing County Road 117 from approximately three hundred and fifty feet (350') south of the intersection with Midland Avenue to the entrance of the Four Mile Ranch Subdivision; (2) construct a 2:1 catchslope on the property located adjacent to and east of County Road 117 rather than constructing retaining walls; and (3) obtain all the necessary permits from the City of Glenwood Springs. Since the January 10, 2000, BOCC meeting, Four Mile has negotiated an Easement Agreement with Glenwood Land Company, LLC ("GLC") to allow for a 2:1 catch slope in general conformity with the Four Mile Ranch Subdivision's Off -Site Improvement Plans, nine (9) sheets, dated February 10, 2000. In addition, on February 22, 2000, the City of Glenwood Springs' Planning and Zoning Commission approved Four Mile's application for a Special Use Permit ("SUP") to re -grade GLC's property (see attached approval letter dated February 23, 2000). The actual SUP shall be obtained upon completion of the landscape, irrigation and erosion control plans by West Canyon Tree Farm, Inc. In conclusion, since Four Mile has complied with all of the BOCC's requirements by executing an Easement Agreement with GLC and obtaining approval for an SUP, Four Mile respectfully requests that Garfield County approve payment of its $58,000 obligation to Four Mile's Cash Deposit Account with Garfield County which shall be created and funded upon P: \2000\Loners-Memos\COLODNY-DeFord-Itr-4.wpd MAR. 6. 2000 10:55AM LEAVENWORTH & TESTER NO. 125 P 3 LEAVENWORTH & TESTER, P.C. Don DeFord, Esq. Page 2 March 6, 2000 recordation of Four Mile's Final Plat. The County's $58,000 deposit shall not be included in detern fining the County's one percent service fee for administering the Cash Deposit. Thank you for your assistance in this matter, and please call me if you have any questions. Very truly yours, LEAVENWORTH & TESTER, P.C. Loyal E. Leavenworttfr' LEL: Enclosure cc: The Four Mile Ranch Development Company, w/enc. (Denver and Florida) High Country Engineering, Inc., w/enc. F:\7,0001Letters-Memoe\COLODNY-DcFord-(u.4.wpd MAR. 6.2000 10:55AM LEAVENWORTH & TESTER NO. 125 February 23, 2000 Kelley Cave Leavenworth and Tester, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 RE: Four Mile Ranch SUP Dear Kelley, FEB 2 tUtIJ At their meeting last night, the Planning Commission approved your client's request for a special use permit to allow road construction in the Hillside Preservation zone district. The approval was made subject to the following conditions: 1. All development shall be consistent with the approved application except where noted below. 2. The landscape plan shall be revised to reflect the placement of a minimum of five pinon trees below and adjacent to the boulder retaining wall prior to the issuance of a special use permit. 3. The applicants shall submit an irrigation plan prior to the issuance of a special use permit. The applicants shall be responsible for the payment of all fees associated with the irrigation water. Irrigation shall be maintained for a minimum of five years from the date of installation. 4. The applicants shall submit an erosion control plan prior to the issuance of a special use permit. 5. The applicant shall construct walls of basaltic boulders unless otherwise approved by the Community Development Director. 806 COOPER AVENUE GT.F.NWOOD SPRINGS. cc1T.°RADII Stl6n1 47n/44S_/57G FAY. 06.6_)c07 1 MAR. 6. 2000 10:55AM LEAVENWORTH & TESTER NO. 125 Upon the completion of conditions #2 through #4, a special use permit will be prepared for your review and execution. Please call me if you have any questions. Sincerely, Andrew McGregor Community Development Director MAR. 6.2000 10:55AM LEAVENWORTH & TESTER Na 125 P. 6 Motion for Approval of Four Mile Ranch Subdivision's Final Plat I move that we approve Four Mile Ranch Subdivision's Final Plat and authorize the Board to execute the Final Plat, the Subdivision Improvement Agreement, and the Cash Deposit Agreement, and direct Mildred Alsdorf to record Four Mile's Final Plat upon receipt of Four lviile's fully executed mylars and fully executed SIA and Cash Deposit Agreement, and Four M'ile's cash deposit for com.letion of the public improvements in an amount to be approved by s • : FA200011)ooumcntaCO1 OONY-4Mile-Moti«n for Approval. FP,wpd a 4(,A_+, 1 LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SANDER N. KARP DAVID E. LEAVENWORTH, JR. GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU JULIE C. BERQUIST LEAVENWORTH & TESTER, P.C. R ATTORNEYS AT LAW 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 Itlaw@sopris.net June 30, 2000 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Four Mile Ranch Subdivision Dear Mark: • THE 1100 S D: *(Ple CEIVEQ JUN 3 U ill DENVER OFFICE:* RRACENTRE BUILDING OUT STREET, SUITE 470 NVER, COLORADO 80204 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 Itlawdenver@aol.com e direct all correspondence o rur Glenwood Springs Office) VIA HAND DELIVERY I am writing on behalf of The Four Mile Ranch Development Com we previously submitted final plat documents for the Four Mile Ranch Su 2000. After you and Don DeFord, Esq. reviewed the documents, you bot June 23, 2000, with a few comments and minor changes, and we re accordingly. The following list outlines the comments and the subsequent 1. Certification of Remaining Costs By Joe Hope, P.E. In our d 2000, you requested that Joe Hope, P.E. certify the costs of the remaining rather than merely list the contract prices. Enclosed please find High C revised letter dated June 27, 2000. In this letter, Joe Hope, P.E. certifies th. opinion" the remaining on-site work, with a ten percent (10%) conting, $64,875.80, and that "it is my opinion that with an added contingency o costs, the total projected cost should be" $696,990.53. This revised letter Exhibit B of the Subdivision Improvements Agreement previously submi June 19, 2000 (the enclosures remain the same, so just replace the letter p 8, 2000) . 2. Deposit Agreement. Don DeFord had several minor issi Agreement including referencing the County Treasurer and removing all m: the County is not authorized to write checks. In addition, the Deposit Agre clarify that the County will be paying for its proportionate share of the i upgrading County Road 117 upon receipt of invoices rather than a lump su to the cash deposit account. Enclosed are two (2) original Deposit Agre developer. I:\2000\Letters-Memos\COLODNY-4 Mile -Bean -lir -5. wpd any. As you know, division on June 19, called our office on ised the documents revised documents: scussion on June 23, ublic improvements 0 untry Engineering's t in his "professional ncy, is estimated at 15 % for unforseen hould be replaced in ed to the County on reviously dated June les with the Deposit ntion of checks since ment was revised to provement costs for payment of $58,000 ments signed by the LEAVENWORTH & TESTER, P.C. Mark Bean, Garfield County Planner Page 2 June 30, 2000 3. Mylars. It was noted that the developer's attorney did not ign the mylars. All three (3) sets of mylars were signed by Lee Leavenworth, Esq. and retur ed to your office on June 26, 2000. 4. Irrigation Retaining Structure. Mr. DeFord questioned w Ranch Subdivision had a "pond" that needed to be filled with water from t Attached is a letter dated June 26, 2000, clarifying that the structure is not is an irrigation regulating structure that is a legally permissible structure un irrigation rights to facilitate irrigation on the Subdivision. ether the Four Mile e Four Mile Creek. "pond." Rather, it er the Association's 5. Weed Control. Mr. DeFord was also concerned abo t the weeds on the Subdivision's internal recreation path. Attached is a letter from Richard Golfman dated June 28, 2000, which outlines the developer's weed control plans. 6. City Approval of Sewer Plans. You asked whether the City had approved of the sewer plans and specifications. Attached please find a 2000, from Larry Thompson, P.E., the City of Glenwood Springs Engineer plans and specifications. Also attached is a letter dated June 28, 2000, from provides that all of Mr. Thompson's conditions of approval will be satisfi; The Garfield County Board of County Commissioners ("BOCC") documents immediately. The BOCC conditionally approved the Four Mile March 6, 2000, subject to execution of the SIA, the mylars and the Therefore, we do not have to wait until July 10, 2000 (the next BOCC sc the BOCC to sign the documents. We spoke with you and Don DeFord abo agrees that the documents can be signed immediately (see the BOCC 's mi 6, 2000 meeting). Once all of these documents are signed, The Four Mile Company will transfer $710,904.99 into the County Treasurer's cash dep ready to wire the money once the Deposit Agreement is executed. Please Deposit Agreement is signed. We would like to wire the money on Frid avoid any complications with the extended holiday weekend. • I:\2000\Letters-Memos\COLODNY-4 Mile-Bean-Itr-5.wpd f Glenwood Springs letter dated June 28, approving the sewer ' ichard Golfman that d by the developer. can sign all of these anch Subdivision on IDeposit Agreement. eduled meeting), for t this topic, and Don tes from the March Ranch Development sit account. We are all us as soon as the , June 30, 2000, to LEAVENWORTH & TESTER, P.C. Mark Bean, Garfield County Planner Page 3 June 30, 2000 In conclusion, when the aforementioned agreements are signed and the cash deposit is wired into the County Treasurer's account, all conditions of approval esta lished by the BOCC on March 6, 2000, and extended for thirty (30) days on June 5, 2000, are c mplete and the Four Mile Ranch Subdivision's final plat should be recorded. Please call mead we will provide a check for the appropriate recording fees. The payment and performance boiid should be finalized by next week. Please call me if you have any questions regarding this mater. Very truly yours, LEAVENWORTH & TEST Kelly D. Cave R, P.C. KDC: cc: Don DeFord, Esq., w/o enc., via fax The Four Mile Ranch Development Company (Denver and Florida), w/o enc., via fax Joe Hope, P.E., w/o enc., via fax Beverly Mikolan, w/o enc., via fax Robert Holmes, Esq., w/o enc., via fax I:\2000\Letters-Memos\COLODNY-4 Mile-Bean-Itr-5.wpd JUN -28-2000 WED 02:13 PM CITY OF GLENWOOD SPRINGS FAX NO. 9709452597 I', 01/01 Mr. Mark Sean, Director Garfield County Building and Planning Garfield County Courthouse 109 8'h Street Glenwood Springs, CO 81601 Re: lour Mile Ranch, Off -Site Utilities Dear Mark: Peat -its Fax Note 7671 Dale // $ of t ea a�,� . e To l�7 (. � From La.4 , , co./Depl. -E Co. C.4, ea' c s Prion A 7� 'ffS .- Z ✓.,.71i.,._...,. Phone' q"7 tt 1r%G ` c�0z55-5 %!¢�Is Fax .N 9,45-_ rax$ 94$:-x'597 1 The City has reviewed and hereby approves the plans and specifications for the off-site sanitary sewer construction for the Four Mile Ranch project, subject to the following conditions: 1. The construction shall be in accordance with plans and specifications prepared by High Country Engineering. Inc. dated 2/10/00. 2. Prior to utilization of the sanitary sewer, the developer shall perform a video inspection of the short segment of existing sanitary sewer under Three Mile Creek and furnish the results to the City's Wastewater Department. We would encourage the developer to do this at the earliest opportunity to allow time for any deficiencies to be corrected, if necessary, before wastewater is introduced into this line from the Four Mile Ranch project. 3. The developer and/or contractor shall assure that the minimum utility separations as shown on the project plans can be achieved. If field conditions require any changes to achieve the specified separations, the developer and/or contractor shall contact the design engineer to make appropriate design changes and shall advise the City of the need to make such changes. 4. The provision of sewer service to this project shall be in accordance with the terms of the Pre. - Annexation Agreement - Four Mile Ranch Subdivision Annexation dated September 25, 1997. Please let me know if you have any questions, or if you require further documentation on this matter. Si cerely, Larry O. Thompson, P.E. City Engineer cc: Deric Walter, High Country Engineeering Robin Millyard, Public Works Director Buddy Burns, Water & Wastewater Supervisor 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 9701945.2.575 FAX: 945-2597 i0 'd 99H 9P6 0L6 '0N Xdd ON I NEN I ON] ANINA00 HON H Wd 1120 um 00-8Z-Nf f -28-2000 06:13P FROM:INDIAN RIVER BEND 303 971 0688 iiiii June 28, 2000 TO:19709457336 P:1/1 IRBCC Mr. Larry O. Thompson, P.E. City Engineer Glenwood Springs. Colorado 81601 Re: Four Mile Ranch Off -Site Utilities Dear Mr. Thompson; Indian River send Constnution Comyany Pursuant to our conversation of today's date and your letter of June 27. 2000 Addressed to Deric Walter of High Country Engineering the following will be agreed to cls that we may have the plat registered immediately by Lee Leavenworth our attornceel record. 1. That the public bike path will be extended to the paved shoulders of the 1 our Mile Road. This will take place during the asphalt portion of the Off Sitc lel eject. 2. That we will have the sewer portion that is located under Three Mile ( reel: videotaped and the findings of such be shared with the City of Glen\‘ood for further approvals. 3. That there will be a 4' horizontal separation between outside pipes in Inc area of station 0+50 of the sanitary sewer. Changes will be made if all concel tied parties deem it necessary to do so. 1 shall in Glenwood Springs July 5th and will meet with Buddy Burns. in order ik) arrange the sewer videotaping with an approved City contractor. Thank you, Richard M. Golfi-nan. c.c. Kelly Cave. Attorney Deric Walter. P.E. Lester Coldny. Developer Peter Burgess. Pres. Four Mile Ranch 2900 North Military Trail, Suite 200, Boca Raton, Florida 33431 Telephone (561) 241-3200 Facsimile (561) 241-3206 1205 South Platte River Drive, Suite GLI00, Denver, Colorado 80223 Telephone (303) 733.9787 Facsimile (303) 733-9802 LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SANDER N. KARP DAVID E. LEAVENWORTH, JR. GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU JULIE C. BERQUIST Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 LTLaw@sopris.net June 26, 2000 FILE COPY DENVER OFFICE:* THE TERRACENTRE BUILDING 1100 STOUT STREET, SUITE 470 DENVER, COLORADO 80204 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 LTLawdenver®aol.com *(Please direct all correspondence to our Glenwood Springs Office) Re: Four Mile Ranch Subdivision Irrigation Regulating Structure Dear Don: VIA FAX I am writing on behalf of The Four Mile Ranch Development Company. I am writing to update you on status of the irrigation regulating structure on the Four Mile Ranch Subdivision. This is not a "pond" that needs to be filled with water from the Four Mile Creek. Rather, it is a legally permissible structure under the Association's irrigation rights to facilitate irrigation on the Subdivision. Please call me if you have any questions regarding this matter. Very truly yours, LEAVENWORTH & TESTER, P.C. LEL:bsl cc: The Four Mile Ranch Development Company High Country Engineering, Inc. I:\2000\Letters-Memos\COLODNY-4 MILE-DeFord-Itr-8.wpd . Leavenworth -28-2000 06:37P FROM:INDIAN RIVER BEND 303 971 0688 TO:19709457336 P:1/1 IRBCC June 28, 2000 Kelly Cave Attorney at Law Levenworth and Tester Glenwood Springs. Colorado. Re: Four Mile Ranch Subdivision Dear Kelly; indian River Bend construction Comyany Concerning the vegetation overgrowth on the jogging trail and bike paths please be advised as of June 26. 2000 we have begun weed control as well as continu;ll Liroomirig of the boulevards within the property. As soon as the Off -Site portion of the project is started we shall be completing the landscaping and the entrance feature for the On -Site areas as per submitted pI in . This information may be shared with any and all concerned and interested partiv. Richard M 2900 North Military Trail, Suite 200, Boca Raton, Florida 33431 Telephone (561) 241-3200 Facsimile (561) 241-3206 1205 South Platte River Drive, Suite GL I00, Denver, Colorado 80223 Telephone (303) 733-9787 Facsimile (303) 733-9802 JUN -01-2000 THU 09:46 AM CITY OF GLENWOOD SPRINGS FAX NO 9709452597 P. 02 Effective Date May 22, 2000 SPECIAL USE PERMIT Permit Number #3-00 Permit Issued for: Planning Item # 3-00 Project Name Four Mile Ranch SUP Project Location: Lot Block Tract Subdivision/Annexation Address County Road 117 west of Water Tanks Project Description Road Construction in HP Zone GENERAL CONDITIONS This permit is issued following review and approval by the Glenwood Springs Planning and Zoning Commission at a public hearing held This permit shall not be valid until signed by the May 22. 2000 (date) Director of Community Development and approved as to form by the City Attorney. The use shall be governed by any and all special conditions imposed by the Planning and Zoning Commission, as well as all other applicable City Codes and Ordinances. JUN 1LOOj nnO J LEAVENWORTH TESiER,P.C. JUN -01-2000 THU 09:46 AM CITY OF GLENWOOD SPRINGS FAX NO. 9709452597 P. 03 Special Use Permit #3-00 Planning Item #3-00 Page 2 SPECIAL CONDITIONS 1). All development shall be consistent with the approved application except where noted below. 2). The applicants shall be responsible for the payment of all fees associated with the irrigation water. Irrigation shall be maintained for a minimum of five years from the date of installation. 3). The applicants shall construct walls of basaltic boulders unless otherwise approved by the Community Development Director. APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR: Andrew McGregor APPROVAL OF THE CITY ATTORNEY AS TO FORM: 6.•7.oe Date Teresa Williams Date APPROVAL OF OWNER L,i7rfir Date LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SANDER N. KARP DAVID E. LEAVENWORTH, JR. GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU JULIE C. BERQUIST LEAVENWORTH & TESTER, P.C. RECEIVED' JUN ATTORNEYS AT LAW 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 ltlaw@sopris. net June 19, 2000 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Four Mile Ranch Subdivision Dear Mark: DENVER OFFICE:* THE TERRACENTRE BUILDING 1100 STOUT STREET, SUITE 470 DENVER, COLORADO 80204 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 Itlawdenver@aol.com *(Please direct all correspondence to our Glenwood Springs Office) VIA HAND DELIVERY I am writing to inform you of the status of the Four Mile Ranch Subdivision's final plat. Enclosed please find High Country Engineering's letter dated June 8, 2000, which outlines the costs of the remaining public improvements for the Four Mile Ranch Subdivision. As you know, The Four Mile Ranch Development Company will be securing the remaining public improvements with a cash deposit with Garfield County for a one percent 1% service charge. According to High Country Engineering, the remaining on-site work, with a ten percent (10%) contingency, is estimated at $64,875.80. The off-site road and utility work, plus a fifteen percent (15%) contingency, is estimated at $696,990.53. Therefore, the total for the remaining public improvements is $710,904.99. As you will recall, on March 6, 2000, the Garfield County Board of County Commissioners agreed to transfer fifty eight thousand dollars ($58,000) to the Four Mile Ranch Development Company's cash deposit account to assist in cost of the off-site improvements to County Road 117. Finally, High Country Engineering estimated the costs for only the off-site road work, without utilities and without a contingency, for the payment and performance bond as $366,208.28. Enclosed please find the following documents: 1. Two (2) original Subdivision Improvements Agreements; 2. One (1) original Declaration of Protective Covenants; 3. Three (3) sets of mylars; and 4. Two (2) original Deposit Agreements. 1:\2000\Letters-Memos \COLODNY-4 Mile-Bean-ltr-4.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Garfield County Planner Page 2 June 19, 2000 These documents have all been signed by The Four Mile Ranch Development Company. Please review these documents, and if approved, have the Garfield County Board of County Commissioners execute all originals. In addition, attached for your review are the City of Glenwood Springs Special Use Permit and the Easement Agreement with the Glenwood Land Company, LLC for the off-site road improvements to County Road 117. Finally, the Four Mile Ranch Development Company placed the following ad in the Glenwood Post on June 9, 2000, and the ad will run for a period of fourteen days: The Four Mile Ranch Development Company will be commencing the improvement of County Road 117 from Midland Avenue to the entrance of the Four Mile Ranch Subdivision on June 19, 2000, for a period of 60 days +/- subject to weather conditions. Upon approval and execution of the documents listed above by the Commissioners, The Four Mile Ranch Development Company will contact Georgia Chamberlain for the wire instructions to transfer $710,904.99 into the cash deposit account in accordance with High Country's estimate of the remaining public improvements for the Four Mile Ranch Subdivision minus Garfield County's $58,000 contribution plus the County's 1% service charge [$696,990.53 + $64,875.80 - $58,000= $703,866.33; 1% of $703,866.33= $7,038.66; Total of cash deposit = $703,866.33 + $7,038.66= $710,904.99]. In addition, The Four Mile Ranch Development Company is finalizing, and will provide prior to recorfdation, its payment and performance bond in the amount of $366,208.28. In conclusion, upon execution of the documents listed above, the transfer of $710,904.99 by The Four Mile Ranch Development Company and $58,000 by Garfield County into the cash deposit account, and the execution of the payment and performance bond, all conditions of approval established by the BOCC on March 6, 2000, and extended for thirty (30) days on June 5, 2000, should be completed and the Four Mile Ranch Subdivision's final plat should be recorded. Please call me and we will provide a check for the appropriate recording fees. I: \2000\Letters-Memos\COLODNY-4 Mile-Bean-Itr-4.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Garfield County Planner Page 3 June 19, 2000 Please call me if you have any questions regarding this matter. Very truly yours, LEAVENWORTH & TESTER, P.C. Wo.iqc LEL:lln Loyal E. Leavenworth cc: Don DeFord, Esq., w/SUP and Easement Agreement only, via fax The Four Mile Ranch Development Company (Denver and Florida), w/o enc., via fax Joe Hope, P.E., w/o enc., via fax Beverly Mikolan, w/o enc., via fax Robert Holmes, Esq., w/o enc., via fax I:\2000\Letters-Memos\COLODNY-4 Mile-Bean-Itr-4.wpd July 23, 1999 Mark Bean and Bob Szrot Garfield County Planning and Engineering 109 8th Street Glenwood Springs, CO 81601 Re: Four Mile Ranch - Plan Modifications HCE Project No. 96098.04 Dear Mark and Bob: This letter is to determine the amount of the letter of credit that will be required to be posted by Four Mile Ranch to complete Final platting. Please disregard the letter previously submitted by Joe Hope. As you are aware, the project has been under construction for several months now and a good portion of the work has been completed. To determine what is left to be completed, I have taken the amount of the original contract with CG&G Construction (1.7 Million) less the itemized quantity of work completed to date (0.78 Million) with added a contingency of 10% for unforseen consequences. Therefore, the amount needed to complete the onsite work is: ($1.7 Million- $ 0.78 Million *1.1)= $ 0.842 Million There is also the offsite roadway improvement to consider, along with the offsite sewer construction. At this time, this design is in a state of flux due to issues with the R/W and the intersection of Midland Avenue and Four Mile Road. However, we have completed a design and prepared a cost estimate which is included with this letter. According to our cost estimate, the offsite improvements will cost approximately $ 708,000. Therefore, the total letter of credit for this project is: $ 842,000 + $ 708,000 = $ 1,550,000 Required landscaping cost will be provided under separate cover. If you have any questions or comments, please feel free to contact me. Sincerely, HIGH COUNTRY ENGINE .-RING, INC. Deric J. Walter, E.I. Project Engineer cc: Lee Leavenworth Larry Thompson & Robin Millyard Lester Colodny 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 FOUR MILE RANCH SUBDIVISION SUMMARY OF CONTRACTOR'S BID AND REMAINING COST TO DATE July 23. 1999 HCE JOB NO: 96098.04 ITEM QUANTITY UNIT COST COST REMAINING, COST Grading and Earthwork Mobilization 1 L.S. 0.00 Earthwork 1 L.S. 50.000.00 Water Tank Base Prep. (Earthwork and Prep) 1 L.S. 17,500.00 4" Asphalt 15860 S.Y. 10.25 6' Class 6 ABC 3900 C.Y. 18.00 2' Curb & Gutter 11330 L.F. 12.00 4' Concrete Sidewalk 43870 S.F. 4.00 Flatwork (Cross Pans - 480 S.F.) 1 L.S. 1,800.00 Emergency .Access 6' Class 6 ABC 395 C.Y. 18.00 Bike path (''''"'') I L.S. 9,180.00 4" Class 6 ABC -Bike Path 350 C.Y. 16.00 2.5" Asphalt -Bike Path 3065 S.V. 4.00 4" Class 6 ABC -Jogging Trail 510 C.Y. 16.00 Rock Lining for Channels (12" minus) 650 S.F. 56.00 Storm Drains 30" ADS N-12 (48 L.F.) 42' ADS N-12 (33 L.F.) 18' ADS N-12 (52 L.F.) 30" Mitered End 42" Mitered End 18" Mitered End Rock Lining for Channels 0.00 0.00 50,000.00 10,000.00 17.500.00 0.00 162.565.00 162,565.00 70,200 00 70,200.00 135,960.00 - 135,960.00 175.480.00 175,490.00' 1.800. CO ;,7,800.00 7,110.00 7,110.00 9,180.00 ., 4,580.00 5.600 00 5,600.00 12,260.00 12,260,00 8.160.00 36.400.00 8,160.00 36,400.00 1 L.S. 1,728.00 1,728.00 -, 1 L.S. 1,518.00 1,518.00 1 L.S. 1,404.00 1,404.00 2 Each 350.00 700.00 2 Each 400.00 800.00 4 Each 300.00 1.200.00 =- 650 S.F. 18.00 11,700.00 D:00 0! Domestic Water 'price includes trenching and fittings 8' DIP Waterline (6900 L.F.) 1 L.S. 182,280.00 182,280.00 8" Gate Valve 14 Each 400.00 5,600.00 10" DIP Waterline 1100 L.F. 37.00 40,700.00 10' Gate Valve 4 Each 800.00 3.200.00 3/4' Water Service 58 Each 750.00 43,500.00 10'x8' Reducer 2 Each 270.00 540.00 Fire Hydrant Assembly 12 Each 1,750.00 21,000.00 Air Vac 4 Each 1,250.00 5,000.00 Pump House 1 Each 25,000.00 25,000.00 Pump House Appurtenances 1 L.S. 25,000.00 25,000.00 Water Tank (300,000 gal) Steel & Appurtenances I L.S. 100,000.00 100,000.00 Sewer 'price includes trenching and fittings 4' Dia. Manhole 35 Each 2,000.00 70,000.00 8' SDR 35 Sewerline (7210 L.F.) I L.S. 222,880.00 222,880.00 Tie into Existing Sewer Line t Each 250.00 250.00 4" Sewer Service 58 Each 750.00 43,500.00 Shallow Utilities Electric Vault(61) Natural Gas line (6700 L.F.) EIeUTele/Cable (Trench & Conduit -10270 L.F.) Irrigation 6 -PVC Irrigation Main Irrigation Gate Valve Irrigation Air Release Valve 1' irrigation Service 1 L.S. 5,700.00 5,700.00 1 L.S. 41,940.00 41,940.00 1 L.S. 55,725.00 55,725.00 5870 L.F. 11.00 64,570.00 19 Each 300.00 5.700.00 4 Each 750.00 3,000.00 58 Each 200.00 11,600.00 Miscellaneous Revegetate/Landscape 1 L.S. 10,000.00 10,000.00 Class I Ground Sign (7) 7 Each 150.00 1.050.00 Erosion and Sediment Control 1 L.S. 1,000.00 1.000.00 :00( 050.00 500.00 SLB TOTAL 10% Contingency TOTAL 51,700,000.00 5778,755.00 5170.000.00 577,875.50 51,870,000.00 5856,630.56 This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. FOUR MILE RANCH-OFF:SITE ROAD IMPROVEMENTS ALTERNATIVE #1 SUMMARY OF PROBABLE CONSTRUCTION COST January 4. 2000 HCE JOB NO: 96098.04 ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization Earthwork Asphalt Stripping/Disposal Road base Strippine/Disposal Chip and Seal 2" Asphalt Resurfacing Storm Drains 42" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18' ADS N-12 18" ADS N-12 42" Mitered End Reiocate 24" CMP Miscellaneous Revegetater Landscape Erosion and Sediment Control 12" Minus Rock in Place Traffic Control 1 L.S. 1 L.S. 3870 S.Y. 650 C.Y. 2940 S.Y. 1730 S.Y. 135 L.F. 42 L.F. 24 L.F. 20 L.F. 18 L.F. 36 L.F. 2 Each 1 Each 1 L.S. 1 L.S. 1000 S.F. 1 L.S. 5.000.00 20.000.00 3.50 5.00 3.50 6.00 68.00 35.00 35.00 35.00 35.00 35.00 750.00 600.00 5.000.00 5.000.00 7.00 30.000.00 5.000.00 20.000.00 13.545.00 3.250.00 10.290.00 10,380.00 9.180.00 1.470.00 840.00 700.00 630.00 1.260.00 1.500.00 600.00 5.000.00 5.000.00 7.000,00 30.000.00 SLB TOTAL 10% Contingency $125,645.00 S12.564 "0 TOTAL $138,20950 This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. FOUR MILE, RANCH OFF-SITE. ROAD IMPROVEMENTS ALTERNATIVE #2 SUMMARY OF PROBABLE CONSTRUCTION COST January 4. 2000 HCE JOB NO: 96098.04 .f,555151155 .5 .M55155555 ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization 1 L.S. 5.000.00 5,000.00 Earthwork 1 L.S. 50.000.00 50,000.00 Asphalt Stripping/Disposal 3870 S.Y. 3.50 13,545.00 Road base Stripping/Disposal 650 C.Y. 5.00 3,250.00 Class 6" ABC 1450 C.Y. 18.00 26,100.00 2" Asphalt / Resurfacing (C.R. 117) 13530 S.Y. 6.00 81,180.00 2" Asphalt Resurfacing (Midland) 1730 S.Y. 6.00 10,380.00 Storm- Drains 42" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 42" Mitered End Relocate 24" CMP 135 L.F. 42 L.F. 24 L.F. 20 L.F. 18 L.F. 36 L.F. 2 Each 1 Each Miscellaneous Revegetate/Landscape 1 L.S. Erosion and Sediment Control 1 L.S. Relocate Class I Ground Sign 12 Each 12" Minus Rock in Place 1000 S.F. Traffic Control 1 L.S. 68.00 35.00 35.00 35.00 35.00 35.00 750.00 600.00 5,000.00 5,000.00 80.00 7.00 30,000.00 9.180.00 1,470.00 840.00 700.00 630.00 1.260.00 1,500.00 600.00 5,000.00 5,000.00 960.00 7,000.00 30,000.00 SLB TOTAL 10% Contingency 5253,595.00 525,359.50 TOTAL $278,954.50 This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. FOUR MILE RANCH OFF-SITE. ROAD IMPROVEMENTS ALTERNATIVE #3 SUMMARY OF PROBABLE CONSTRUCTION COST April 21. 1999 HCE JOB NO: 96098.04 k yr.`laia iik `b wn.WJ.. ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization Earthwork Asphalt Stripping/Disposal Road base Stripping/Disposal 4" Asphalt 6" Class 6 ABC Storm Drains' 42" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 Extension 42" Mitered End Relocate 24" CMP Miscellaneous Revegetate/Landscape Relocate Class I Ground Sign Erosion and Sediment Control 12" Minus Rock in Place Traffic Control 1 L.S. 1 L.S. 15482 S.Y. 2318 C.Y. 15482 S.Y. 2318 C.Y. 135 L.F. 42 L.F. 24 L.F. 20 L.F. 18 L.F. 36 L.F. 5 L.F. 2 Each 1 Each 1 L.S. 12 Each 1 L.S. 1000 S.F. I L.S. 5,000.00 80,000.00 3.50 5.00 8.00 18.00 68.00 35.00 35.00 35.00 35.00 35.00 30.00 750.00 600.00 8,000.00 80.00 5,000.00 7.00 30,000.00 5,000.00 80.000.00 54,187.00 11.590.00 123.856.00 41,724.00 9.180.00 1.470.00 840.00 700.00 630.00 1.260.00 150.00 1.500.00 600.00 8.000.00 960.00 5.000.00 7,000.00 30,000.00 SUB TOTAL 10% Contingency $383,647.00 $38.364.70 TOTAL 5422,011.70 This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. January 4, 2000 Mark Bean and Don Deford Garfield County Planning and Attorney 109 8th Street Glenwood Springs. CO 81601 Re: Four Mile Ranch — Off -Site Improvements HCE Project No. 96098.04 Dear Mark and Don: The purpose of this letter is to assist the County in its decision for the future of County Road 117. Upon careful review of the site and right-of-way constraints, there appear to be three (3) reasonable alternatives that will meet the needs of both the County and the Developer. These alternatives are: 1. Install the proposed utilities beneath the existing roadway platform and patch all cuts to match or exceed existing conditions. The existing roadway contains 11 -foot lanes with minimal shoulders, but has served the County for a number of years. Construction could begin immediately and the developer would provide the off-site roadway impact fee of $117,740.00 to the County as required. The collected roadway impact fee could be used for County Road 117 improvements or development of the intersection of Midland Avenue and County Road 117. 2. Install the proposed utilities beneath the existing roadway platform and widen County Road 117 to match the road section as constructed by the County near the entrance of the Four Mile Ranch Subdivision (11 -foot lanes with six (6) foot shoulders and barrow ditches) where prescriptive and deeded right-of-way exist. The entire roadway section would be an asphalt overlay. Assuming that the engineer is able to use both the prescriptive and deeded right-of- way. this alternative could be designed to meet the County's preferred road width standards for all but 550 feet of roadway length. The enclosed drawing shows the areas where the preferred road width could not be fully constructed within the prescriptive and deeded right- of-way. These areas are labeled "Limited Roadway Width" and would have decreased shoulder widths. 3. Construct a new roadway platform with improved grades and install the proposed utilities beneath the new platform. The design for this alternative was submitted to Garfield County and the City of Glenwood Springs in May of 1999. To meet the County's desired grades and road cross-section with a catch slope of 2:1, the County would need to acquire an additional 1.6 acres of right-of-way from the McGregor property. Much of this additional right-of-way is located with a hillside preservation area so a Special Use Permit would be required. The additional time needed to acquire the necessary right-of-way and the Special Use Permit would substantially delay the developer and incur additional costs upon the County. The enclosed drawing shows the extent of additional right-of-way required (dark shaded area) from the McGregor property for this alternative to be constructed. 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 • Mark Bean and Don Deford Re: Four Mile Ranch — Off -Site Improvements HCE Job No. 96098.04 Pane ? of January 4. 2000 I have enclosed copies of the estimated off-site road improvements cost for each of the defined alternatives. As you know, the off-site portion of this project has been substantially delayed due to circumstances that were out of the developer's control. The proposed utilities and roadway improvements should be constructed simultaneously to reduce cost to the developer and the County and to minimize the obstruction of traffic. Since May of 1999, the developer and future homebuilders have waited patiently for the City to review High Country Engineering's plans and for the County to make a decision on the future of County Road 117. We would like to minimize any further delays. If you have any questions or comments, please feel free to contact me. Sincerely, HIGH COUNTRY ENGINEERING, INC. Joe D. Hope, P.E. Project Manager JDH/djw cc: Lee Leavenworth Bob Szrot Larry Thompson The Four Mile Ranch Development Company AGREEMENT FOR TEMPORARY CONSTRUCTION AND PERMANENT EASEMENT This AGREEMENT FOR TEMPORARY CONSTRUCTION AND PERMANENT EASEMENTS (hereinafter referred to as the "Agreement") made this 9' day of June, 2000, by and between The Four Mile Ranch Development Company, a Colorado corporation (hereinafter referred to as "Four Mile"), with an address at 1205 South Platte River Drive, Suite GL -100, Denver, CO 80223, and Glenwood Land Company, LLC, a Colorado registered LLC (hereinafter referred to as "GLC"), with an address at 525 East Cooper Avenue, Aspen, CO 81611. WITNESSETH: WHEREAS, Four Mile received approval of its Final Plat application for the Four Mile Ranch Subdivision (the "Subdivision"), located in Garfield County, Colorado (the "Final Plat Submittal") from the Garfield County Board of County Commissioners on March 6, 2000; and WHEREAS, in accordance with the final plat approval process, Four Mile and Garfield County have finalized plans for the proposed construction of the Subdivision's off-site road and sewer improvements; and WHEREAS, the off-site improvements include road improvements to County Road 117 in Garfield County, Colorado, which shall remain a County owned and maintained roadway, and extension of a sewer main service line from the northwest corner of the Subdivision down County Road 117 and Midland to connect with the City of Glenwood Springs' sewer system (hereinafter the "Off -Site Improvements"); and WHEREAS, on January 10, 2000, Garfield County's Board of County Commissioners ("BOCC") indicated its preference that Four Mile re -grade and improve the existing County Road 117 from approximately one hundred feet (100') south of the intersection with Midland Avenue to the entrance of the Subdivision on County Road 117; and WHEREAS, it was the intent of the BOCC and Four Mile that the one hundred feet (100') south of the Midland/County Road 117 intersection stopping point of the re -grading and improvements would allow Garfield County and the City of Glenwood Springs, instead of Four Mile, to address the future improvement of the intersection of County Road 117 and Midland Avenue (hereinafter referred to as the "Intersection"); and WHEREAS, in actuality, the one hundred feet south of the Intersection stopping point still obligated Four Mile to obtain right-of-way which could potentially impact the future construction of the Intersection; and WHEREAS, on February 7, 2000, Four Mile met with the BOCC to discuss Four Mile's, the City of Glenwood Springs', and Garfield County's responsibilities with regards to right-of-way issues with the Intersection; and I: \2000\A greements\COLODN Y -4M 1 LE-MacGregor-Agmt.wpd June 7, 2000 LEAVENWORTH & TESTER, P.C. 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 8160' WHEREAS, in an effort to efficiently and economically address the future improvements to the Intersection, at the February 7, 2000 meeting, the BOCC revised its January 10, 2000, preference regarding Four Mile's improvements to the existing County Road 117 whereby Four Mile shall now re -grade and improve the existing County Road 117 from approximately three hundred and fifty feet (350') south of the intersection with Midland Avenue to the entrance of the Subdivision (the "Road Improvement Segment"). In addition, Four Mile shall improve the remaining three hundred and fifty feet (350') piece of the existing County Road 117, south of the intersection with Midland Avenue and north of the Road Improvement Segment, by overlaying asphalt on the existing roadbed within the existing right-of-way; and WHEREAS, Garfield County preferred that Four Mile re -grade the hillside adjacent to and east of the Road Improvement Segment with a 2:1 catch slope rather than build retaining walls; and WHEREAS, Garfield County does not have adequate right-of-way adjacent to County Road 117 to allow Four Mile to construct the Off -Site Improvements and re -grade the hillside adjacent to the Road Improvement Segment in accordance with the Garfield County specifications; and WHEREAS, GLC owns the property adjacent to and east of the Road Improvement Segment, and Four Mile anticipates as part of the Off -Site Improvements that it will need to access and re -grade up to a maximum of two (2) acres of GLC's property to properly construct the Off -Site Improvements; and WHEREAS, Four Mile needs a temporary construction easement from GLC to construct the Off -Site Improvements; and WHEREAS, after the 2:1 catch slope re -grading is completed by Four Mile under a temporary construction easement, GLC agrees to convey to Garfield County a permanent easement for a maximum of two (2) acres of GLC's property located adjacent to County Road 117 as generally depicted as "additional right-of-way" on the engineering schematic attached hereto as Exhibit A and incorporated herein by this reference (hereinafter referred to as the "Property"); and WHEREAS, the Property is located in a Hillside Preservation District as defined in subsection 070.040.030.A. of the Glenwood Springs Municipal Code, which requires Four Mile to obtain a special use permit from the City of Glenwood Springs to construct the Off -Site Improvements on the Property (the "Special Use Permit"). GLC, as owner of the Property, authorized Four Mile to apply for the Special Use Permit, which was approved on February 23, 2000, by the Glenwood Springs Planning Commission; and WHEREAS, Four Mile and GLC met on several occasions, and the Parties wish to memorialize their agreement regarding the temporary and permanent easements on the Property. I:\2000\Agreements \COI,ODNY-4MILE-Mact;rcgor-Agmt.wpd June 7, 2000 NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by this reference. 2. Temporary Construction Easement. GLC hereby grants Four Mile a temporary construction easement for the Property for construction of the Off -Site Improvements in general conformity with the Four Mile Ranch Subdivision's Off -Site Improvement Plans, nine (9) sheets, dated February 10, 2000, prepared by High Country Engineering, Inc. (the "Plans") submitted with the Final Plat Submittal. GLC acknowledges receipt of the Plans. The temporary construction easement shall remain in effect until the permanent easement to Garfield County has been executed and recorded, provided however, that the effective term of the temporary construction easement shall not exceed twelve (12) months. Four Mile agrees to construct the Off -Site Improvements in accordance with the Plans including revegetation of the Property in accordance with all conditions imposed as part of the approval of the Special Use Permit, final plat requirements, and the specifications of the City of Glenwood Springs, at a minimum. Four Mile's engineer shall prepare a landscaping plan, and GLC shall review and approve the landscape plan prior to revegetation. Said approval by GLC shall not be unreasonably withheld. 3. Permanent Easement. Upon completion of the Off -Site Improvements, Four Mile shall survey, at its sole cost, those portions of the Property actually utilized and necessary for the Off -Site Improvements, and the parties agree that the temporary construction easement shall terminate. GLC shall review and approve the survey, and such approval shall not be unreasonably withheld. Once approved, Four Mile shall have a quitclaim deed prepared to convey the permanent easement utilizing the legal description contained on the survey. GLC shall then execute the quitclaim deed and convey a permanent easement, free and clear of all liens and encumbrances which may prevent the permanent easement from being used for the intended purposes, to Garfield County which shall be for access, utility, maintenance, re -grading and repair purposes. 4. Consideration. In partial consideration of GLC's grant of temporary and permanent easements on the Property, Four Mile shall provide GLC with an eight inch (8") sewer service main stub -out from Four Mile's sewer system serving the Four Mile Subdivision as identified on the Plans. GLC shall approve the location of the sewer tap located along County Road 117 provided, such location of the stub -out be on the Property, and GLC's approval shall not be unreasonably withheld. Four Mile shall provide GLC, upon GLC's written request, plans detailing the location of Four Mile's shallow utilities. If requested by GLC, the parties shall reasonably negotiate in good faith to provide GLC access to connect to Four Mile's shallow utilities along County Road 117 for future development of GLC's hill -side preservation zoned property located adjacent to and northeast of the Subdivision ("GLC's Property"). Four Mile waives any claim for cost recovery for the Off -Site Improvements against GLC. I:\2000\Agreements\COLODNY-4M I LE-MacGregor-Agmt.wpd June 7, 2000 5. Third Party Beneficiary. The parties agree that Garfield County is a third party beneficiary of GLC's agreement to grant the temporary and permanent easements as set forth in this Agreement. 6. GLC's Driveway Access to County Road 117. As documented on the Plans, Four Mile shall construct for GLC a driveway to access GLC's Property from County Road 117 near the boundary of GLC's Property and the Subdivision. GLC acknowledges receipt of the Plans and has approved of the location of the proposed driveway access location. Four Mile shall obtain all necessary permits required for construction of the driveway access, and GLC agrees to cooperate, at no cost to GLC, with Four Mile in its efforts to secure all necessary permits. 7. Authority. Each party signing below warrants and represents that he has the authority to bind the party on whose behalf he signs this Agreement. 8. Complete Agreement. This Agreement constitutes the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction herein contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. Any modification or amendment must be in a written form and executed in the same manner as this Agreement. 9. Remedies. The remedies provided herein are cumulative and are not intended to be exclusive of any other remedy to which the parties may be lawfully entitled. None of the remedies provided to either party under this Agreement shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which it may then be entitled. Every obligation assumed by or imposed upon either party hereto shall be enforceable by any appropriate action, petition, or proceeding at law or in equity. In addition to any other remedy provided by law, this Agreement shall be specifically enforceable. 10. Indemnification. Four Mile agrees to indemnify and hold GLC harmless from any and all claims or losses of any nature whatsoever incurred by GLC arising out of Four Mile's activities in connection with the construction and/or installation of improvements contemplated by this Agreement. This indemnification shall include actual attorneys' fees incurred in the event that any party brings an action against GLC for any of the approvals or dedications described herein. The parties hereto intend not to duplicate any legal services or other costs associated with the defense of any claims against either party described in this section. Therefore, the parties hereto agree to cooperate in full to prevent duplicative expenses incurred as a result of the indemnification herein described. 11. Insurance. Four Mile agrees to maintain liability insurance in the minimum amount of one million/two million dollars and to name GLC as a co-insured on its policy and agrees to provide a certificate of insurance to GLC for its purpose. I:\2000\ Agreements \ COLODN Y -4M I LE -MacGregor -Agent. wpd June 7, 2000 12. Binding. This Agreement shall be binding upon and inure to the benefit of the parties and their assigns and successors in interest. 13. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Garfield County. 14. Captions. The captions in this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 15. Facsimile. Signatures may be evidenced by facsimile. Original signatures shall be provided to the other party upon request of either party. 16. Counterparts. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. WHEREFORE, the Parties have set forth their signatures below as of the date first written above. By: THE FOUR MILE RANCH DEVELOPM OMPANY Lester B. 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N!,'.',IjA‘,04, .,i\t‘.,,,-,,,. ..,,,y. ) -%---:-',.3--.-7,:.• Y• " ,',•%.,.. -- --_--,-- •-/•,,,7,, .11• i \ \10‘,.,‘,..,, .„,,..1., I 1;i::-. ,i,'• -••:;..:;.i k.\• 0 '‘V,*,'s 41 j, "--- - -1 v ---:---,-;-• ,7' - • * '4%• ,.. 1 )/1/;---7i/,--; 11 W47//,' (ki//,,,..,t-71:::•%Y.)71:;.)./' \ 11110. ),,sYA ,\,...2 0( r ;.7:1//// ''.5-,,y;P lilliittfill,-.4t1 x, J.1:1,1\1•(1.?:111.,.,"/::::',/.' ..:.04.1‘11'..'1 1 4\ t91 Iiii:1‘1\: \'‘ V'"'11(ill '‘ 0 ' ''..,.`v4‘ \\:: • 1 '1‘:!,N,'::: \;:`:, I \ • ) ''f' 1111,f11111 \* l'`Z't-3' 1.-,\' b•, V,*‘‘A.„4 k,\$•, 0\‘‘ ItI\ I 'k*':'''':4'.:.• \\il 0 0‘\k\t• .:',. ; 1.:',....,..., , • 1'.;, % xS,:N 0-,0•,.. 11 \ \....A6 I tl\s\ksk 0 • ''.\ ''.i'..1 II s, 10 1 • , , 4 ' .N•., '‘\' k •A'• :V, \ • \ •.. • k • N 0 :1 s• • Amen COutcy. �O"" Ft4.0 Laz RANCH 2100.4004 ORAINIO AND 01024,0E 0 -AN OFF-0TE ALTERNAITVES MN COMM mammaPC ses mom maul _0000:0 wymot suat PAM/ MAHON 11 CK.021 CK DA'l V3/0 mensal moms June 28, 2000 Mr. Mark Bean, Director Garfield County Building and Planning Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 RECEIVED JUN 2 9 2000 Re: Four Mile Ranch, Off -Site Utilities Dear Mark: The City has reviewed and hereby approves the plans and specifications for the off-site sanitary sewer construction for the Four Mile Ranch project, subject to the following conditions: 1. The construction shall be in accordance with plans and specifications prepared by High Country Engineering, Inc. dated 2/10/00. 2. Prior to utilization of the sanitary sewer, the developer shall perform a video inspection of the short segment of existing sanitary sewer under Three Mile Creek and furnish the results to the City's Wastewater Department. We would encourage the developer to do this at the earliest opportunity to allow time for any deficiencies to be corrected, if necessary, before wastewater is introduced into this line from the Four Mile Ranch project. 3. The developer and/or contractor shall assure that the minimum utility separations as shown on the project plans can be achieved. If field conditions require any changes to achieve the specified separations, the developer and/or contractor shall contact the design engineer to make appropriate design changes and shall advise the City of the need to make such changes. 4. The provision of sewer service to this project shall be in accordance with the terms of the Pre - Annexation Agreement - Four Mile Ranch Subdivision Annexation dated September 25, 1997. Please let me know if you have any questions, or if you require further documentation on this matter. dSi cerely, uu.y Larry O. Thompson, P.E. City Engineer cc: Deric Walter, High Country Engineeering Robin Millyard, Public Works Director Buddy Burns, Water & Wastewater Supervisor 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 FAX: 945-2597 LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SANDER N. KARP DAVID E. LEAVENWORTH, JR. GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU JULIE C. BERQUIST Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 LTLaw@sopris.net June 26, 2000 RECEIVED J U N 2000 BY: DEN v jrPICL. THE TERRACENTRE BUILDING 1100 STOUT STREET, SUITE 470 DENVER, COLORADO 80204 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 LTLawdenver@aol.com *(Please direct all correspondence to our Glenwood Springs Office) Re: Four Mile Ranch Subdivision Irrigation Regulating Structure Dear Don: VIA FAX I am writing on behalf of The Four Mile Ranch Development Company. I am writing to update you on status of the irrigation regulating structure on the Four Mile Ranch Subdivision. This is not a "pond" that needs to be filled with water from the Four Mile Creek. Rather, it is a legally permissible structure under the Association's irrigation rights to facilitate irrigation on the Subdivision. Please call me if you have any questions regarding this matter. Very truly yours, LEAVENWORTH & TESTER, P.C. y LEL:bsl cc: The Four Mile Ranch Development Company High Country Engineering, Inc. I:\2000\Letters-Memos\COLODNY-4 MILE-DeFord-Itr-8.wpd 1 G Leavenworth LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SANDER N. KARP DAVID E. LEAVENWORTH, JR. GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU JULIE C. BERQUIST To: Company: Phone: Fax: From: LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 LTLaw@sopris.net FACSIMILE TRANSMITTAL SHEET Don DeFord, Esq. Garfield County 945-9150 945-7785 Lee Leavenworth Number of pages to be transmitted: DENVER OFFICE:* THE TERRACENTRE BUILDING 1100 STOUT STREET, SUITE 470 DENVER, COLORADO 80204 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 LTLawdenver@aol.com *(Please direct all correspondence to our Glenwood Springs Office) 2 (including cover page) Document Description: 6/26/00 letter from L. Leavenworth regarding Four Mile Ranch Subdivision Irrigation Regulating Structure REMARKS: NOTE: If you encounter any difficulty in receiving the total number of pages indicated above, PLEASE CALL (970) 945-2261 AS SOON AS POSSIBLE. Lorra Operator X ORIGINAL SENT BY U.S. MAIL ORIGINAL NOT SENT THIS FACSIMILE TRANSMISSION IS STRICTLY CONFIDENTIAL AND IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU HAVE RECEIVED THIS FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY THIS OFFICE IMMEDIATELY AND RETURN THE TRANSMISSION TO US AT THE ABOVE ADDRESS. THANK YOU. I: \2000\Faxes \COLODNY-DeFord-fax-6. wpd