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HomeMy WebLinkAbout2.0 SIAMAR. 1. 2000 2:56PM LEAVENWORTH & TESTER NO. 063 P. 2 SUBDIVISION IMPROVEMENTS AGREEMENT FOUR MILE RANCH SUBDIVISION THIS AGREEMENT is made and entered into this day of , 1999, by and between THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado corporation (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO (hereinafter "County"). WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as the Four Mile Ranch Subdivision, more particularly described on Exhibit A attached hereto and incorporated herein by reference, including all tenements and hereditaments thereto; and WHEREAS, approval for the preliminary plan for the Four Mile Ranch Subdivision was obtained under the terms and conditions set forth in County Resolution No. 98-13; and WHEREAS, Owner submitted to the County for its approval the Final Plat for the Four Mile Ranch Subdivision (hereinafter "Final Plat"), recorded simultaneously herewith on , 1999 as Reception No. in the Garfield County Clerk and Recorder's office; and WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to enter into a Deposit Agreement with the County to secure and guarantee the performance of this Agreement by Owner, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows; 1. Final Plat Approval. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and subdivision Regulations. F:119991Agrecments\COLODNY•Four MAc SIA.wpd December 15, 1999 -1- . MAR. 1. 2000 2:57PM LEAVENWORTH & TESTER NO. 063 F. 2. Owner's Performance. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements required through Resolution No. 98-13, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. Those improvements shall be completed on or before one (1) year from the date of this Agreement. Additionally, the Owner shall comply with the following: A. All plat documents submitted prior to or at the time of the final plat approval, including as -built drawings of all improvements completed prior to execution of this Agreement, which plat documents are incorporated herein by referenced, and made a part of this Agreement; B. All requirements of Resolution No. 98-13, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations; C. All laws, regulations, orders and resolutions of the County of Garfield; State of Colorado, and affected special districts; and D. All designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. E. The improvements to be constructed by the Owner shall include, but are not limited to the following: 1. Construction Drawings submitted at Preliminary Plan, twenty-two sheets, prepared by High Country Engineering, Inc., Project No. 96098.01, dated October 21, 1998. 2. Four Mile Ranch Subdivision Off -Site Improvements, 9 sheets, prepared by High Country Engineering, Inc., Project No. 96098.04, dated May 13, 1999. 3. All recreational facilities, including the public trail and bike path and private trail, as designated on the Preliminary Plat, 3 sheets, prepared by High Country Engineering, Inc., Project No, 96098.01, dated September 23, 1997. The County agrees that if all improvements are installed in accordance with this Agreement, final plat documents, and the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this Agreement, and the F:x1999NAgeemetts\COLODNY•Four Mile SSA.wpd Deoeasher 15. 1999 -2- MAR. 1. 200 2:57FM LEAVENWORTH & TESTER NO. 063 requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 4. Security for Improvements. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Owner and the County shall enter into a Deposit Agreement, a copy of which is attached hereto as Exhibit E and incorporated herein by this reference, which shall secure the improvements for the subdivision to the extent that such improvements have not been certified as complete and in compliance with existing regulations. The extent of the improvements certified as complete are set forth in Exhibit B, attached hereto. The extent of the uninstalled or uncompleted improvements, the cost of which is certified by a licensed engineer, Joe Hope, is set forth in Exhibit B, attached hereto. The Deposit Agreement will govern all security for improvements related to the Subdivision, and such Deposit Agreement shall operate in lieu of a letter of credit. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. The cost of the landscaping improvements has been set forth in Exhibit B, attached hereto, and specifies an amount sufficient to .provide for full revegetation of the landscaping required by the Preliminary Plan. The Deposit Agreement sec forth above must provide security for all costs of landscaping. The certificate of completion for landscaping improvements shall set forth the costs of revegetation, and such amount shall be retained as security for a period not to exceed one (1) year after such completion. At the conclusion of that one (1) year period, the amount of security retained for landscaping shall be released by the County upon receipt and acceptance of a certified letter from a landscape professional that such landscaping is complete and is no longer in need of revegetation. 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 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 F:11999\Agreemenw\COIADNY-Fay Mita SIA.wpd December 15. 1999 -3- MAR. 1. 2000 2:58PM LEAVENWORTH & TESTER NO. 063 F' County, the County shall have thirty (30) days to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then 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. The County may, at its sole option, permit the Owner to substitute collateral other than the Deposit Agreement acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. No final plat shall be recorded pursuant to this Agreement, until Deposit Agreement in a form acceptable to the County, and in an amount acceptable to the County, has been received and approved by the County. 5. Waste Water System. All easements and facility sites shall be indicated as dedicated to the City of Glenwood Springs on the Final Plat or Pre -Annexation Agreement. The language of dedication shall further indicate that dedication will be completed through conveyance of the easements and the real property constituting the site of the treatment plant by general warranty deed in a form acceptable to the County. In addition to certification by Owner's engineer that the public utilities are completed, Owner will show evidence of approval of the sewer lines by the City of Glenwood Springs and conveyance by Bill of Sale or other acceptable form for the off-site improvements. 6. Roads. All roads and public right-of-ways shall be dedicated to the County but maintained by the Four Mile Ranch Homeowners Association on the Final Plat. The homeowners association shall be solely responsible for the maintenance, repair and upkeep of those roads. The County shall not be obligated to maintain any roads within the subdivision. 7. Indemnity. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this Agreement. However, the owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written F:119991A eemerds\COLODNY-Four Mllc SIA.wpd DecemEer 15. 1999 -4- MAR. 1. 200 2:58FM LEAVENWORTH & TESTER NO. GO option to the Owner shall extinguish the County's rights under this paragraph. Nothing hereinstated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 8. School Impact Fees. The parties recognize and agree that the approval of the Final Plat constitutes approval of 58 single family lots for a total of 58 dwelling units. The parties agree that school impact fees shall be determined to be $200.40 per dwelling unit. The Owner specifically agrees that it will be obligated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees the subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 9. Sale of Lots. No lots within the proposed subdivision that is the subject of this Agreement shall be conveyed prior to recording of the final plat. 10. Issuance of Building Permits. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any structure within the subdivision, pending full compliance with the terms set forth herein. The parties also agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the subdivision improvements, until the water distribution systems have been completed and are operational, as required by this Agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this subdivision, Owner's listing broker shall will verify that each prospective purchaser of a lot signed a copy of Exhibit C attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy and of the County's Right to Farm Policy. In addition, Owner's closing agent shall verify that the prospective purchaser has signed Exhibit C's acknowledgment line on the disclosure form at closing. 11. Enforcement. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. 12. Consent to Vacate Plat. In the event the Owner fails to comply with the terms of this Agreement, including the terms of the Preliminary Plan, the County shall F:\3999kApeemems\COWDNY.Few MIlc SIA.wpd December u, 1999 -5- MAR. 1. 2000 2:59PM LEAVENWORTH & TESTER NO. 563 F. 7 have the ability to vacate the final plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 13. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 14. Recording. Upon execution and authorization by the County, the Owner shall record this Agreement with the Office of the Clerk and Recorder for Garfield County, Colorado. 15. Venue and Jurisdiction. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 16. Amendment. The parties hereto mutually agree that this Agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 17. Notice. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this Agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 The Four Mile Ranch Development Company 1205 South Platte River Drive, Suite GL -100 Denver, CO 80223 With a copy to: Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 81601 F:\19991Agaeemmm1COLODNY-Four Mil SIA.wpd December 15, 1999 -6- MAR. 1. 200) 2:59PM LEAVENWORTH & TESTER NO. 063 F. Entered into the day and year first above written. THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado corporation ATTEST: By: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: By: Chairman Clerk to the Board STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1999, by , as on behalf of The Four Mile Ranch Development Company. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ) ss. COUNTY OF Notary Public Acknowledged, subscribed, and sworn to before me this day of 1999, by , as Chairman of the Garfield County Board of County Commissioners. WITNESS my hand and official seal. My Commission expires: F:\ 1999‘A8reememm\COLODNY-Four Mile SIA.wpd December 13. 1999 -7- Notary Public Memo To: Mark Bean, Director, Building an From: Don K. DeFord, County Attorney Date: July 23, 1999 Subject: Four Mile Ranch Subdivision - Final Plat Dept. After review of the documents submitted by the Four Mile Ranch Developer, I have the following comments for your consideration: 1. The Subdivision Improvements Agreement needs to address the following issues: a. Paragraph 2.E. should include all improvements required by the Preliminary Plan and PUD approval documents, including by not limited to those already set forth in this paragraph. b. Paragraph 2 should provide that all improvements will be completed on a specific date and not more than one (1) year from the date of completion of the Agreement and the date should be included in that agreement. c. Paragraph 4 should clearly specify the document on which the dedication of easements and facilities for wastewater should occur. I note that the plat submitted by the developer does not include a dedication of easements and utilities to the City of Glenwood Springs. Additionally, I note that my packet of documents included no indication that the City of Glenwood Springs had approved the design or construction of the wastewater facility. Finally, the documents submitted did not contain either a Bill of Sale or copy of a Bill of Sale to the City conveying those improvements. d. Paragraph 5 must be modified to provide that the final plat will dedicate the roads and public right-of-ways to Mark Bean, Director July 23, 1999 Page 2 the public or the County to be maintained by the Homeowners Association. e. In regard to Paragraph 9, it is not sufficient that they inform various realtor's that the disclosures required by Paragraph 9 have occurred. This Paragraph requires that the disclosure take place, and that burden rest with the developer. A method of obtaining such assurance should be provided as part of the final plat documents. 2. In regard to the covenants, I have the following comments: a. Paragraph IV.3. may allow construction of an accessory dwelling unit. I am not aware that the Board of Commissioners approved accessory dwelling units as part of this subdivision. If not approved, the outbuilding provision should limit use of those facilities to preclude the use of an accessory dwelling unit. b. Paragraph VII.2.A, refers to contracts with the Basalt Water Conservancy District. I believe this should be the West Divide Water Conservancy District. 3. At the time of final plat, all documents need to be fully executed including the covenants, the deed and agreement conveying water rights, and any deeds or conveyance of property to the Homeowner's Association. 4. The certification of improvements complete and cost certification for the remaining improvements is wholly inadequate. I have already contacted Kelly Cave at Leavenworth and Tester to inform her that a detailed breakdown of the improvements needs to be completed. A certification of those that have been completed, and certification of costs remaining, should be set forth on a detailed spreadsheet in order for the County to ascertain those improvements for which it may be responsible for through the Subdivision Improvements Agreement. Under the current documentation, the County has no idea concerning the various improvements that have not been E:\MyFiles\PLAN\4 mile memo to Bean.wpd Mark Bean, Director July 23, 1999 Page 3 completed, the status of construction on those improvements and the specific cost breakdown for each improvement. Additionally, the County is not bound to the current construction contract of the developer. It may elect to complete improvements by any means it chooses, including retaining an additional or separate contractor. Therefore, such certification of costs cannot be tied to a specific contract but rather must be based upon the engineers certified representations to the County. 5. The documentation tendered to this office contains no form of security. The Plat for this subdivision cannot be recorded until an acceptable form of letter of credit has been tendered to this office and approved by the County Commissioners. I recommend that a form of anticipated security be provided prior to establishing a date for consideration of a final plat by the BOCC. The foregoing constitute my comments concerning this subdivision. If you have any questions, please contact me at your convenience. E:\MyFiles\PLAN\4 mile memo to Bean.wpd