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HomeMy WebLinkAbout7.0 CorrespondenceLOYAL E. LEAVENWORTH CYNTHIA C. TESTER SHANE J. HARVEY DONALD H. HAMBURG Of Counsel LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW January 21, 1997 Mr. Mark Bean, Director Garfield County Regulatory Office and Personnel 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Four Mile Ranch Preliminary Plan Dear Mark: 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 As you discussed with Joslyn Wood last week, the preliminary plan submittal date for the March 12, 1997, Planning Commission meeting is January 22, 1997, which is 49 days prior to the meeting. Please contact us immediately should this not meet with your understanding of the submittal time frame. Thank you for your attention to this matter. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. Loyal E. Leavenworth LEL: eg cc: Lester Colodny Don Barnes Joe Hope Tom Zancanella LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SHANE J. HARVEY DONALD H. HAMBURG Of Counsel LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW January 21, 1997 Mr. Mark Bean, Director Garfield County Regulatory Office and Personnel 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 Re: Four Mile Ranch Subdivision; Legal Water Supply Dear Mark: As you know, I represent the Four Mile Ranch Development Company, a joint venture, in connection with the development of the Four Mile Ranch Subdivision. As part of the preliminary plan submittal, I am writing to advise you regarding the legal water supply that will be obtained for the subdivision. Specifically, the developer has filed an application with the West Divide Water Conservancy District for 36 acre-feet of water from Ruedi Reservoir, together with an additional 10 percent for transit loss. Upon the approval of this application by the West Divide District, the developer will be able to obtain well permits to utilize the Four Mile Ranch wells for up to the 59 lots proposed, including 2500 square feet of lawn. Additional raw water irrigation will occur utilizing the developer's one-half interest in the Four Mile Ditch priorities, more specifically outlined in the sketch plan submittal. Based on the foregoing, it is our opinion that the developer will have a legal water supply in place prior to final plat for the proposed subdivision. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. Loyal E. Leavenworth LEL: rlb cc: Tom Zancanella Four Mile Ranch Development Company Joe Hope (Dictated but not reviewed) C: \ FILES \BEAN .1 LT LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER DAVID E. LEAVENWORTH, JR. JOSLYN V. WOOD* *Admitted in Hawaii and Texas only DONALD H. HAMBURG Of Counsel May 28, 1997 Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Mr. Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Four Mile Ranch Preliminary Plat Dear Don and Mark: 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 VIA FAX 945-7785 As we have discussed, the City of Glenwood Springs "denied" our request to approve the sewer agreement when a motion (which moved for the approval of the Sewer Agreement, the Open Space agreement, and to further discuss annexation) was defeated 4 to 2. Obviously, in light of the three -pronged aspects of the motion, the exact meaning of the City's action is somewhat ambiguous. Therefore, I am pursuing further discussions with the City regarding the issue of sewer service. Clearly, at a minimum, the vote was against any desire to annex this project as currently proposed. Therefore, on behalf of the applicants, I hereby request that you defer bringing the Four Mile Ranch Preliminary Plat application before the Board of County Commissioners until further notice. I understand we may have to hold the meeting that we agreed upon for July 28th. Hopefully by then we will have some resolution of this sewer issue. C:\FILES\DEFORDB.1 LT LEAVENWORTH & ASSOCIATES, P.C. Don DeFord, Esq. Page 2 May 28, 1997 If you have any questions, feel free to contact me. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. al E. Leaeni4orth LEL: lfk cc: Four Mile Ranch Development Company Sunny Vann Joe Hope Tom Zancanella C: \ FILES \DEFORDB.1 LT LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SHANE J. HARVEY JOSLYN V. WOOD* *Admitted in Hawaii and Texas LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW March 6, 1997 DONALD H. HAMBURG Of Counsel Mr. Mark Bean, Director Garfield County Regulatory Office and Personnel 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 Re: Four Mile Ranch Subdivision; Preliminary Plan Submittal Dear Mark: As we discussed in our telephone conversation of March 5, 1997, the Four Mile Ranch Preliminary Plan includes an open space easement which was not clearly defined on the Preliminary Plan Submittal. The restrictions relating to the open space easement will be contained on the Final Plat as well as any Protective Covenants for the subdivision. Garfield County will be made a third -party beneficiary to this provision of the Protective Covenants. Lot owners will be prohibited from constructing any buildings (including houses, garages, green houses, and sheds) within the open space easement. Permitted uses shall include irrigation as well as the installation and maintenance of the recirculating ponds as shown on the architect's drawings and which will serve as regulating structures for the raw water irrigation system for the subdivision. In addition, there will be constructed within the open space easement a trail to be dedicated to and maintained by the Association for recreation purposes for the use and benefit of members of the Homeowners Association and their guests. Where this trail adjoins the county road, it will be dedicated to the County at such time when the trail can connect to the county's trail system. The open space will be dedicated to and maintained by the Homeowners Association which will have the authority to adopt rules and regulations regarding the use of the open space, subject to the restrictions on the plat and in the covenants set forth above. Should you have any further questions in this regard, please do not hesitate to contact our office. LEL:jp cc: Harry Hart via fax Don Barnes via fax Joe Hope via fax Sunny Vann via fax Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SHANE J. HARVEY JOSLYN V. WOOD* *Admitted in Hawaii and Texas DONALD H. HAMBURG Of Counsel LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW March 6, 1997 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Mr. Mark Bean, Director Garfield County Regulatory Office and Personnel 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Four Mile Ranch Subdivision; Preliminary Plan Submittal Dear Mark: I am writing to advise you that the total amount of acreage that is encompassed by the open space easements which will be owned and controlled by the Homeowners Association totals approximately 53 acres. That number does not include the dedicated open space located east of County Road 163 which is approximately three acres. The net developable land totals approximately 128 acres. Therefore, the dedicated open space and common open space easements are approximately 43 % of the net developable area. A copy of the numbers which support this calculation is attached. Very truly yours, LEAVENWORTH & ASSOCIATES, P. LEL/jp cc: Don DeFord Four Mile Ranch Development Company Joe Hope Sunny Vann E:\FILES\BEANA.2LT LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SHANE J. HARVEY JOSLYN V. WOOD* *Admitted in Hawaii and Texas DONALD H. HAMBURG Of Counsel LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW March 4, 1997 Mr. Mark Bean, Director Garfield County Regulatory Office and Personnel 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 MAR 0 5 1997• ► ,D A 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Re: Four Mile Ranch Subdivision; Preliminary Plan Submittal Dear Mark: As you know, this firm represents Four Mile Ranch Development Company, Inc. in connection with the above -referenced development matter. I am writing to clarify any questions you might have concerning the ownership of the land proposed for development, as well as the nature of the deed restrictions to be placed on the property prior to the sale of individual lots within the subdivision. M -R Colorado Investors, Inc. and One And A Quarter Mile Ranch, Inc. each own a parcel of land which together comprise the development property commonly known as the Four Mile Ranch. Four Mile Ranch Development Company, Inc. entered into a Joint Venture Agreement with the owners of the Four Mile Ranch property on or about June 20, 1996. The Joint Venture Agreement provides that Four Mile Ranch Development Company, Inc. shall provide the management and supervision necessary for the development of the land as a single- family home residential development. As you may be aware, Harry Hart is currently the President of Four Mile Ranch Development Company, Inc. Thus, any references to Harry Hart in the subdivision subinittals are in his capacity as a reptesentative of the developer -venturer. With respect to deed restrictions, we are in the process of drafting the Declaration of Protective Covenants for Four Mile Ranch Subdivision, which will be submitted for approval by the County with the final plat and which will ensure that the development is in compliance with the subdivision regulations of Garfield County. The Declaration will address all property use restrictions, including a covenant restricting each residential unit to one dog, a covenant prohibiting open hearth solid fuel fireplaces, a covenant requiring that all exterior lighting be directed towards the interior of the subdivision, and covenants providing for the use and maintenance of all common areas and open space depicted on the plat. C: \ FILES \BEAN.1 LT LEAVENWORTH & ASSOCIATES, P.C. Mr. Mark Bean, Director Page 2 March 4, 1997 Should you have any questions concerning the foregoing, please do not hesitate to contact our office immediately. Very truly yours, LEAVENWORTH & ASSOCIATES, P C. L i yal . Leaven - orth LEL: rlb cc: Don DeFord, Esq. Harry Hart Don Barnes Joe Hope C:\FILES\BEAN.1LT Exhibit D GLJA Ca:�i.r.� ,Yy � Representing Land Tide Insurance Corporation & Old Republic National Title Insurance Company February 25, 1997 Mr. Loyal E. Leavenworth Attorney at Law 1011 Grand Avenue Glenwood Springs, CO 81601 Dear Lee: The following information pertains to mineral rights and mineral owners of record for the property described in Land Title commitments no. GW220895 and GW220896: - Reservation of minerals by the United States in patents recorded June 20, 1893 in book 12 at page 233, recorded April 30, 1894 in book 12 at page 318, recorded July 29, 1895 in book 12 at page 375, and recorded March 4, 1935 in book 73 at page 194. - Reservation of an undivided one-fourth interest in all oil, gas, and other minerals as reserved by Raymond Smalts in deed recorded November 1, 1951 in book 260 at page 546. Address for Raymond Smalts: unknown - Reservation of an undivided one-fourth interest in all oil, gas, and other minerals as reserved by Francis W. Christensen in deed recorded June 10, 1950 in book 251 at page 25. Said interest was conveyed to John P. Bershenyi in quit claim deed recorded July 14, 1967 in book 385 at page 587. Address for John P. Bershenyi: 2833 County Rd. 117 Glenwood Springs, CO 81601 -The balance of the mineral rights are vested in the current owners of the subject property: M -R Colorado Investors, Inc. and One and a Qa:rter Mile Ranch, Inc. Sincerely, Tom Schuneman Title Examiner 817 Colorado Avenue Suite 102 P.O. Box 2102 Glenwood Springs,CO 81602 (303) 945-2610 FAX (303) 945-4784 LOYAL E. LEAVENWORTH CYNTHIA C. TESTER DAVID E. LEAVENWORTH, JR. JOSLYN V. WOOD"' "Admitted in Hawaii and Texas only DONALD H. HAMBURG Of Counsel LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW May 12, 1997 Mr. Michael Copp, City Manager City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 Re: Four Mile Ranch Sewer Services Agreement and Open Space Dedication Agreement Dear Mike: *Y :t 3:1997, r 1011 GRAND AVEN-xeury P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Enclosed for your review and inclusion in the packets for the City Council meeting scheduled for May 15, 1997, are copies of the Sewer Services Agreement and the Open Space Dedication Agreement revised in accordance with discussions between the City of Glenwood Springs and the Developer, With respect to the Sewer Services Agreement, please note that the fee to be paid by the Developer for the Infrastructure Upgrade is $250,000.00, not the $711,000.00 projected by the City as the total cost for upgrading every line between the Four Mile Ranch Subdivision and the City's wastewater facility. It is our position that to require the developer to front the entire cost of these infrastructure improvements is patently unfair as well as cost prohibitive. A fifty-eight (58) lot subdivision could not possibly carry these 1ro11C end costs. Pleasc note, however, that in addition to the $250,000.00 to be paid at Final Plat, the Developer will also be paying system improvement fees in effect at the time of connection of each lot to the system. C: \FILES\CO PPA.1 LT 0 LEAVENWORTH & ASSOCIATES, P.C. Mr. Michael Copp, City Manager Page 2 May 12, 1997 Should you wish to discuss this matter further or have any questions regarding either Agreement, please do not hesitate to contact our office. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. oyal E. Leavenworth LEL:lfk Enclosures cc: Four Mile Ranch Development Company, Inc. w/enc. Don Deford w/enc. Mark Bean w/enc. Joe Hope w/enc. Sunny Vann w/enc. Tom Zancanella w/enc. C:\FILES\COPPA.1 LT 6,(f CITY OF GLENWOOD SPRINGS FOUR MILE RANCH DEVELOPMENT COMPANY, INC. SEWER SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 1997, by and between the CITY OF GLENWOOD SPRINGS, COLORADO, a home rule municipality (hereinafter "City"), and the FOUR MILE RANCH DEVELOPMENT COMPANY, INC. (hereinafter "Developer"); WITNESSETH: WHEREAS, the City is a Colorado home rule municipality formed and functioning by authority of Article XX, Section 6 of the Colorado Constitution and, as such, provides sanitary sewer service to the area in and around Glenwood Springs, Colorado; and WHEREAS, Developer has submitted an application for the subdivision and development of certain real property located in Garfield County, Colorado, which property is contiguous to the City of Glenwood Springs, which property is more particularly described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter "Property") and which is commonly referred to as the Four Mile Ranch Subdivision; and WHEREAS, Developer desires the City to provide sanitary sewer service to the Property and is willing to do the excavations, constructions, installations, connections, and other work necessary to extend the sewer main lines to said Property in order to facilitate the provision of such service; and WHEREAS, the City is willing to provide sanitary sewer service to the property upon the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Municipal Code. The Municipal Code of the City in effect on the date of execution of this Agreement or as hereafter amended (hereinafter "Code") is hereby incorporated into this Agreement by reference. The provisions of this Agreement are intended to comply with the Code and, to the extent that any provision or provisions do not comply, they shall be interpreted in a manner that brings them into compliance with the Code as in effect at the time this Agreement was executed. All capitalized terms used herein shall have the meanings defined for each term in the Code as in effect on the date of execution hereof unless otherwise specifically defined herein. 2. Approval of Development by Garfield County. Developer has made application to Garfield County for approval of a fifty-eight (58) lot subdivision to be located on the Property. Approval of the final plat by Garfield County shall be a condition precedent to the effectiveness of the terms and conditions of this Agreement by either party hereto. In the event C:\FILES\COLODNYA.1AG May 12. 1997 Developer has not received final plat approval from Garfield County within eighteen (18) months of the date hereof, then this Agreement will automatically terminate and be of no further force or effect. 3. Construction of Sewer Main. Developer agrees to construct a sewer main which will connect to the Property beginning at a location originating near Three Mile Creek at the City's existing sewer line and continuing up Midland Avenue, then along County Road 117, and terminating at the entrance to the Four Mile Ranch project. Plans and specifications for the sewer main and internal sewer lines referred to in Paragraph 6 shall be prepared by Developer at its sole cost and shall be submitted to the City for review and approval. Said main sewer line shall include an 8 -inch stubout beneath Road A at MH -A7 for use in future development. Construction of said line and internal lines shall be at Developer's sole expense in accordance with City specifications, and Developer agrees to secure all permits and easements as may be required and to pay all applicable fees for connection to the City sewer system. Upon completion of construction of the main sewer line, said line will be conveyed to the Homeowners Association. The Homeowners Association shall be responsible for the repair and maintenance of the sewer main. One (1) year after conveyance to the Homeowners Association, the Homeowners Association shall dedicate the main line to the City and shall provide a one-year warranty thereon. 4. Prepayment of Infrastructure Upgrade Fee. At Final Plat, Developer shall pay the City a fee to be used by the City to repair or provide capacity increases to certain segments of the City's sewer infrastructure which will convey wastewater from the Four Mile Ranch project to the City's treatment facilities (hereinafter "Infrastructure Upgrade Fee"). The Infrastructure Upgrade Fee to be paid by the Developer shall be in the amount of $250,000.00, which amount shall be subject to the Cost Recovery provision set forth below. 5. Cost Recovery of Infrastructure Upgrade Fee. Developer and the City hereby agree that the Infrastructure Upgrade Fee described in Paragraph 4 above, and interest thereon at the rate of five percent (5 %) per annum compounded annually, shall be fully recoverable by Developer from sewer system improvement fees paid to the City on or after the date of Final Plat for the Four Mile Ranch Subdivision for any connections made to the lines upgraded, or to be upgraded by the City with the fee paid by Developer. The area to be served by the line to be upgraded by the City with the Infrastructure Upgrade Fee paid by Developer is specifically described as follows: Everything south of the southerly line of the South Park subdivision and West of Highway 82. The City shall require any owners or developers of the property described above to pay system improvement fees in full prior to connecting to its sewer line. The City shall have thirty (30) days to remit to Developer any amounts received in payment of tap fees from owners or developers of the above described property. The City shall remit all such fees to Developer until the Infrastructure Upgrade fee and interest thereon has been repaid in full, or until the expiration of fifteen (15) years from the date of Final Plat, whichever shall first occur. C:\FILES\COLODNYA.1AG May 12, 1997 -2,- 6. Internal Sewer Lines. All internal sewer lines constructed within the Four Mile Ranch subdivision property shall be constructed within the utility easement as shown on the final plat and shall be constructed to City specifications. The City may inspect the sewer main and internal lines during and after construction to ensure compliance with City specifications and the approved plans. Said internal sewer lines shall be dedicated to the City upon the City's request for such dedication. Upon completion of construction of the internal sewer lines, said lines shall be conveyed to the Four Mile Ranch Homeowners Association, which Association shall own and maintain the lines until such time as they may be dedicated to the City. 7. Construction Requirements. Developer shall provide the City with Mylar "as built" drawings of all sewer lines installed in accordance with the terms of this Agreement. In addition, Developer shall provide the City with a certification from a professional engineer that all construction was completed according to the plans and specifications approved by the City. 8. Sewer Service. The City agrees to provide sewer service to the number of lots in the Four Mile Ranch subdivision approved by Garfield County upon completion by Developer of the terms and conditions contained herein. Prior to Developer connecting each of the lots within the Four Mile Ranch project to the City sewer main on County Road 117, the Developer or lot owner shall pay the City a system improvement fee for each lot connected, at the rate imposed by ordinance at the time of connection. 9. City's Right to Object. Nothing contained herein shall preclude the City from commenting on or objecting to the approval of the Four Mile Ranch subdivision project before the Garfield County Planning and Zoning Commission or Garfield County Board of County Commissioners, and the City expressly reserves all right to comment in any manner regarding said project. 10. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to the City: With copy to: Notice to Developer: C:\FILES\COLODNYA.1AG May 12, 1997 City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 City Attorney 806 Cooper Avenue Glenwood Springs, CO 81601 Four Mile Ranch Development Company, Inc. 1205 South Platte River, Suite 101A Denver, CO 80223 -3-- With copy to: Leavenworth & Associates, P.C. 1011 Grand Avenue P. O. Drawer 2030 Glenwood Springs, CO 81602 11. Modifications. This Agreement shall not be amended except by subsequent written agreement of the City and Developer. 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 13. Attorneys' Fees. Should this Agreement become the subject of litigation between the City and Developer, the prevailing party shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. WHEREFORE, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST: City Clerk ATTEST: Secretary C: \FILES\COLODNYA.1 AG May 12, 1997 By By -4- CITY OF GLENWOOD SPRINGS Mayor FOUR MILE RANCH DEVELOPMENT COMPANY, INC. Harry Hart, President STATE OF COLORADO ) COUNTY OF ) ss. Acknowledged, subscribed, and sworn to before me this day of 1997, by , as Mayor, and by , as Clerk, on behalf of the City of Glenwood Springs. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) COUNTY OF ss Notary Public Acknowledged, subscribed, and sworn to before me this day of 1997, by Harry Hart, as President, and by _ , as Secretary, on behalf of the Four Mile Ranch Development Company, Inc. WITNESS my hand and official seal. My Commission expires: C: \FILES\COLODNYA. IAG May 12, 1997 -5- Notary Public OPEN SPACE DEDICATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 1997, by and between the CITY OF GLENWOOD SPRINGS, COLORADO, a home rule municipality (hereinafter "City"), and the FOUR MILE RANCH DEVELOPMENT COMPANY, INC. (hereinafter "Developer"); WITNESSETH: WHEREAS, the City is a Colorado home rule municipality formed and functioning by authority of Article XX, Section 6 of the Colorado Constitution; and WHEREAS, Developer has submitted an application for the subdivision and development of certain real property located in Garfield County, Colorado, which property is contiguous to the City of Glenwood Springs, which property is more particularly described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter "Property") and which is commonly referred to as the Four Mile Ranch Subdivision; and WHEREAS, Developer desires to obtain an easement across City property to access the Roaring Fork River for water supply purposes and in exchange therefor is willing to dedicate a portion of the Property to the City, which portion is adjacent to County Road 163 and the Roaring Fork River, as shown on the proposed Preliminary Plat as "Dedicated Open Space,'' attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, the City is willing to grant Developer an access easement and accept dedication of the open space upon the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Effective Date. Developer has made application to Garfield County for approval of a subdivision to be located on the Property. Approval of the final plat by Garfield County shall be a condition precedent to the effectiveness of the terms and conditions of this Agreement by either party hereto. In the event Developer has not received final plat approval from Garfield County within eighteen (18) months of the date hereof, then this Agreement will automatically terminate and be of no further force or effect. The City agrees to accept dedication of the open space described in Exhibit B pursuant to the terms and conditions of this Agreement. 2. Dedication of Open Space. Developer agrees to convey to the City the parcel of land described in attached Exhibit B (hereinafter "Dedicated Open Space") upon approval by Garfield County of the final plat of the Four Mile Ranch Subdivision. Developer shall retain an easement across the Dedicated Open Space to access the Roaring Fork River for water supply purposes. C:\FILES\COLODNY. IAG May 12, 1997 3. Use of Dedicated Open Space. The conveyance of the Dedicated Open Space to the City shall be contingent upon said parcel being used for park and recreation purposes and other public uses and any purpose specifically reserved herein by Developer. Recreation purposes shall include public access to the Roaring Fork River by the public for purposes of fishing. 4. Grant of Access Easement. The City agrees to convey to Developer upon approval of the final plat of the Four Mile Ranch Subdivision an easement across City property to access the Roaring Fork River for water supply purposes. Said easement shall be located in a mutually agreeable location, the approval of which shall not be unreasonably withheld. At such time as Developer desires to utilize said easement for the permitted purposes, Developer shall submit plans and specifications for Developer's proposed water diversion and water supply facilities to be located within the easement for review and approval by the City, which approval shall not be unreasonably withheld. 5. City's Right to Object. Nothing contained herein constitutes an endorsement of the Developer's land use proposal or shall preclude the City from commenting on or objecting to the approval of the Four Mile Ranch subdivision project before the Garfield County Planning and Zoning Commission or Garfield County Board of County Commissioners, and the City expressly reserves all right to comment in any manner regarding said project. 6. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to the City: With copy to: Notice to Developer: With copy to: C:\FILES\COLODNY.1AG May 12, 1997 City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 City Attorney 806 Cooper Avenue Glenwood Springs, CO 81601 Four Mile Ranch Development Company, Inc. 1205 South Platte River, Suite 101A Denver, CO 80223 Leavenworth & Associates, P.C. 1011 Grand Avenue P. O. Drawer 2030 Glenwood Springs, CO 81602 -2- 7. Modifications. This Agreement shall not be amended except by subsequent written agreement of the City and Developer. 8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. The terms and conditions of this Agreement shall survive the closing of the transaction. 9. Attorneys' Fees. Should this Agreement become the subject of litigation between the City and Developer, the prevailing party shall be entitled to reasonable attorneys' fees and costs off suit actually incurred. WHEREFORE, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST: City Clerk ATTEST: Secretary C:\FILES\COLODNY.IAG May 12, 1997 By By -3- CITY OF GLENWOOD SPRINGS Mayor FOUR MILE RANCH DEVELOPMENT COMPANY, INC. Harry Hart, President STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1997, by , as Mayor, and by , as Clerk, on behalf of the City of Glenwood Springs. 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 1997, by Harry Hart, as President, and by , as Secretary, on behalf of the Four Mile Ranch Development Company, Inc. WITNESS my hand and official seal. My Commission expires: C:\FILES\COLODNY.1AG May 12, 1997 -4- Notary Public GARFIELD COUNTY Building and Planning February 13, 1997 Mr. Loyal E. Leavenworth P. O. Drawer 2030 Glenwood Springs, CO 81602 RE: Four Mile Ranch Preliminary Plan Dear Lee, Your client's application for the Preliminary Plan for the Four Mile Ranch Subdivision, has been scheduled for a public hearing before the Garfield County Planning Commission on March 12, 1997, meeting. This hearing will be held during the meeting that starts at 7:00 p.m. in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse. It is suggested that you be in attendance to answer any questions that the Commissioners may have at the meeting. In order to fulfill the public notice requirements for the hearing, copies of the enclosed public notice form need to be mailed by certified return -receipt to all property owners adjacent to or within 200 feet of your client's property, at least 15, but not more than 30 days prior to the hearing. In addition, the notice needs to be mailed certified return -receipt to owners of mineral rights, or lessees or mineral owners of record of the land proposed for subdivision, no less than 15 days, but not more than 30 days, prior to the hearing. The receipts from these mailings need to be presented at the time of the hearing or submitted to the Planning Department prior to the hearing. The public notice should be published one time in a newspaper of general circulation, at least 15 days, but not more than 30 days prior to the hearing with the proof of publication to be submitted to the Planning Department. The day of your scheduled hearing does not constitute as a day of public notice. It is your responsibility to submit the notice of publication to a newspaper of general circulation in compliance with noticing requirements. Please review all enclosures to verify their accuracy. The Subdivision site must also be posted with the enclosed notice poster, in accordance with Section 4:31, at least 15 days, but not more than 30 days prior to the hearing. If you have further questions or concerns regarding the public hearing or public notice, please contact this office. Sincerely, Mark L. Bean, Director Building & Planning Department Enclosures 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 CALVIN LEE ATTORNEY AT LAW 320 W. MAIN STREET Y' ASPEN, COLORADO 816,11 TELEPHONE: (970) 9204398 FACSIMILE: (970) 925-2442 RECEIVED FEB U 3 1997 0 �U GARFIELD NE,'anuary 31, 1997 COUNTY COMrv11SS10 cipeAc\C (C7 oard of County' Commissioners 109 8th Street Glenwood Springs, CO 81601 Dear Board of County Commissioners: 81 1 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-8571 FACSIMILE: (970) 945-4981 The Colorado Supreme Court has just issued its decision in Board of County Commissioners of Larimer County v. Conder. The decision states that counties may deny land use proposals based on non-compliance with a county's comprehensive plan. Up until this decision, it was thought that a comprehensive plan was merely advisory in nature. The county now has the tool to require lower densities and reject cookie cutter projects even if they comply with the two acre subdivision regulations. In the future, I expect that the county planning staff, the planning and zoning commissioners, board of commissioners and developers will carefully scrutinize each land use proposal to determine if the project is consistent with the comprehensive plan as it relates to density, open space, trails, wildlife and compatibility with the surrounding neigh borhood. Sincerely, (,(1.1-0/A_X-PL Calvin cI.n Lee CVjh LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SHANE J. HARVEY JOSLYN V. WOOD* *Admitted in Hawaii and Texas DONALD H. HAMBURG Of Counsel LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW March 6, 1997 Mr. Mark Bean, Director Garfield County Regulatory Office and Personnel 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 Re: Four Mile Ranch Subdivision: Preliminary Plan Application Dear Mark: I am writing on behalf of my client, Four Mile Ranch Development Company, Inc., the managing joint venture partner of the Four Mile Ranch property. First, let me thank you and Don for taking the time to meet with us this morning. The development team representing the applicant will work diligently and quickly to resolve the concerns and issues we discussed. Second, pursuant to our discussion, I am writing to advise you that the applicant wishes to withdraw consideration of the preliminary plan submittal from the March 12 Planning and Zoning Commission meeting and reschedule the matter for the April 9 Commission meeting. This should allow us to provide supplemental information to the County to clarify various issues regarding the preliminary plan application. We will renotice the meeting pursuant to County regulations. Again, thank you for taking the time to meet with us. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. LEL: rlb cc: Don DeFord, Esq. Four Mile Ranch Development Company Joe Hope Sunny Vann Tom Zancanella C: \ FILES \ BEAN. 1LT Leavenworth RECEIVED NOV 0v 2003 GAKt- 1tLJ uOUNTY BUILDING & PLANNING November 4, 2003 MidFirst Bank 501 N.W Grand Boulevard Oklahoma City, Oklahoma 73118 Mr. Steve Anthony Garfield County Weed & Pest Control Division P. O. Box 426 Rifle, Colorado 81650 Re: Mosquito Control Management Plan - Four Mile Ranch Subdivision Dear Mr. Anthony: This will memorialize our discussion today in which you outlined for us a recommended `Mosquito Control Management Plan" for the irrigation pond recently constructed in the Four Mile Ranch Subdivision. In accordance with your recommendation, we will implement Mosquito Control procedures annually from May 1" of each year through the end of September or until the first hard frost of the season. The procedures will include the use of a `larvicide"known as `B T". These tablets will be spread with the proper spacing and at the recommended time intervals. This procedure will be performed by our landscaping personnel who are on the site weekly. In late April of 2004, you have agreed to meet us on site to outline the procedures and give us further direction on how to assure that we will have an effective Mosquito Control Management Plan. Thank you very much for your input and cooperation. Sincerely Gu) B. Harrell Att rney in Fact CC: Garfield County Board of County Commissioners Don Deford, Esq. Four .1.1ile Ranch Conceptual Ltti/cAt'clik' * * • • AFFIDAVIT OF ELLEN J. GAUGLER STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. I, ELLEN J. GAUGLER, being first duly sworn, state and allege as follows: 1. On April 29, 1997, at approximately 2:00 p.m., I posted a notice poster provided by the Garfield County Building and Planning Department on the Four Mile Ranch property just south of the driveway. 2. The posting of the notice poster on April 29, 1997, was supervised by Loyal E. Leavenworth of Leavenworth & Associates, P.C. AND FURTHER AFFIANT SAYETH NOT. Ellen J. Gauglelr STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this '-lday of May, 1997, by Ellen J. Gaugler. WITNESS my hand and official seal. My Commission expires: E:\FILES\FOUR1.3AF May 14, 1997 O- Q.Le etuuLostkii., otary Public AFFIDAVIT OF ELLEN J. GAUGLER STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. I, ELLEN J. GAUGLER, being first duly sworn, state and allege as follows: 1. On April 29, 1997, I conducted a search of the Garfield County Assessor's office and the Garfield County Clerk and Recorder's office for all property owners adjacent to or within 200 feet of Four Mile Ranch. Attached hereto as Exhibit A is a map showing said ownership. 2. On April 29, 1997, I mailed a copy of a Public Notice (pages 1 and 2) a copy of which is attached hereto as Exhibit B, via certified mail, return receipt requested, to all parties on the attached list attached hereto as Exhibit C. 3. The mailing of the Public Notice on April 29, 1997, was supervised by Loyal E. Leavenworth, Esq., of Leavenworth & Associates, P.C. 4. On February 25, 1997, Mr. Tom Schuneman, Title Examiner of Land Title Guarantee Company, conducted a search of mineral right owners of record for Four Mile Ranch. Attached hereto as Exhibit D is a list of mineral right owners of record found by Mr. Schuneman. Affiant further states that the mineral right owners of record were noticed on Exhibit B. AND FURTHER AFFIANT SAYETH NOT. ECe0-7-- Ellen J. Gautier E: \FILES\FOUR.3AF May 13, 1997 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Acknowledged, subscribed, and sworn to before me this I L I clay of May, 1997, by Ellen J. Gaugler. WITNESS my hand and official seal. My Commission expires: US LAC E:\FILES\FOUR.3AF May 13, 1997 -2- _-c_Lcut_ . Q Notary Public