HomeMy WebLinkAbout1.0 SIA1
RECORDED AT /f_—
,
RE c! • g 446428
O'CLOCK ,4.M. APR 1 6 1993
MILDRED ALSOORF, COUNTY CLERK
SUBDIVISION IMPROVEMENTS AGREEMENT
BOOK 859,!G;799
lA
IS AGREEMENT is made and entered into this .5 day of
)0Ri1 , 1993, between LOS ADOBES JOINT VENTURE,
(hereihafter referred to as "Los Adobes") and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO (hereinafter referred
to as the "County");
WITNESSETH:
WHEREAS, Los Adobes is the owner of certain real property
located in Garfield County, Colorado, more particularly described
on the Final Plat for Los Adobes Subdivision which is filed on even
date herewith and on Exhibit A attached hereto and incorporated
herein by reference, which real property is now known as "Los
Adobes Subdivision" (hereinafter referred to as the "Los Adobes
Subdivision"); and
WHEREAS, as a condition of approval of the Final Plat
(hereinafter referred to as the "Plat") for the Los Adobes
Subdivision, Los Adobes wishes to enter into this Subdivision
Improvements Agreement (hereinafter referred to as "Agreement")
with the County; and
WHEREAS, the County has required and Los Adobes has agreed to
provide security or collateral sufficient in the judgment of the
County to make reasonable provision for completion of certain
improvements as set forth on Exhibit B attached hereto and
incorporated herein by this reference; and
WHEREAS, Los Adobes has agreed to execute and deliver an
irrevocable letter of credit or cash in lieu thereof to the County
to secure and guarantee its performance of this Agreement and has
agreed to certain restrictions regarding the issuance of building
permits and certificates of occupancy within the subdivision, 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. Los Adobes' Performance. On or before December 1, 1994,
Los Adobes agrees to construct and install, or to cause to be
constructed and installed, at its sole expense, those improvements
set forth on Exhibit B attached hereto. Los Adobes agrees that all
of the improvements to be completed as identified on Exhibit B
shall be constructed in compliance with the following: resolution
of approval and final plat document, construction drawings prepared
by High Country Engineering submitted to the County with the final
1
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BOOK 859d4c4800
plat; all laws of the United States, State of Colorado, Garfield
County, and its various agencies, affected special districts,
and/or municipalities providing utility services; and such other
designs, drawings, maps, specifications, sketches, and other matter
submitted to and approved by any of the above -stated governmental
entities.
The County agrees that, provided such improvements are
installed in accordance with this Paragraph 1, then if Los Adobes
also complies with all requirements of this Agreement and the
Resolution of Approval of the Preliminary Plan, Los Adobes shall
be deemed to have satisfied all terms and conditions of the zoning
and subdivision laws, resolutions, and regulations of Garfield
County, Colorado.
2. Cost of Improvements. It is understood for purposes of
this Agreement that the cost of all of said public improvements is
contained on Exhibit "B" in the amount the County finds reasonable
and hereby approves and accepts.
3. Security for Improvements. The internal improvements for
the subdivision shall be completed by not later than December 1,
1994. It is further understood that with the exception of Lot 4,
no building permits for lots within the subdivision shall be issued
until the completion and acceptance of such improvements.
On the date of the recording of the final plat with the Clerk
and Recorder Los Adobes shall deliver a surety performance bond in
the amount of the improvements for the Subdivision. The
performance bond shall be issued by a corporate surety which is
licensed to do business in the State of Colorado, in a form
acceptable to the County, which acceptance shall not be
unreasonably withheld, the amount of said performance bond shall
be equal to the total construction costs as shown on Exhibit B.
Should some or all improvements be completed and accepted by the
County, Los Adobes need provide no security for completed
improvements. Certification of completion must be submitted by
a registered engineer and/or utility company. Such certification
shall certify that the improvements have been constructed in
accordance with the requirements of this Agreement and any exhibits
attached thereto and incorporated therein and shall be stamped by
a professional engineer.
Acceptance of improvements shall not be unreasonably withheld;
provided that, in the event weather or other factors beyond the
reasonable control of Los Adobes delay the installation of those
improvements sensitive to weather or such other factors, the
performance bond shall remain if full force and effect.
Upon receipt from Los Adobes of a certification that the
improvements set forth on Exhibit B have been completed, the County
shall return within thirty (30) days from the date of said
2
FOOK 859',!,c;801
certification release the performance bond, and the County shall
acknowledge that said improvements have been completed in a
satisfactory manner; provided, however, that the County may inspect
said improvements and submit a notice of deficiencies as provided
in Paragraph 5 hereof.
The County may, at its option, permit Los Adobes to substitute
other collateral acceptable to the County for the collateral
originally given by Los Adobes to secure the completion of the
improvements as hereinabove provided.
Failure to post security as set forth herein shall constitute
a breach of or failure to comply with the Agreement.
4. Upon full execution of this Agreement, the delivery of
the security to the County, and recordation of the Final Plat, Los
Adobes shall be entitled to enter into agreements and sell the lots
within Los Adobes Subdivision.
5. Notice of Deficiencies. If the County determines that
the improvements are not constructed in compliance with the
specifications therefor, it shall furnish a letter of potential
deficiencies to Los Adobes with thirty (30) days from the date
certification by Los Adobes is received by the County that public
improvements set forth on Exhibit B have been completed. If said
letter is not furnished within said thirty (30) days, all
improvements shall be deemed accepted, and the County shall release
all security as provided in Paragraph 3 hereof. If a letter of
potential deficiencies is furnished by the County, the County shall
have sixty (60) days to complete its investigation and provide a
written confirmation of the deficiencies to Los Adobes. Such
security shall be released to Los Adobes within 10 days after
completion of such investigation assuming such investigation finds
that all improvements are acceptable.
6. School Impact Fees. Los Adobes shall be obligated to pay
$200.00 per lot for school impact fees. Los Adobes shall tender
$200.00 to the County for all lots at the time of Final Plat
approval.
7. 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 the enforcement of this Agreement. In
the event that no action is commenced before the issuance of the
final Certificate of Completion of improvements and acceptance
thereof by the County, any purchaser's rights to commence an action
shall thereafter be extinguished.
8. Consent to Vacate Final Plat. In the event that Los
Adobes fails to comply with the terms of this Agreement, the County
3
BOOK 859 802
shall have the ability to vacate the Final Plat, as it pertains to
any lots for which building permits have not been issued only. Any
existing lots for which building permits have been issued, or lots
to which subdivision improvements have been properly constructed,
shall not be vacated and final plat as to those lots shall remain
valid. Los Adobes shall provide a survey and compete legal
description, with a map showing the location of any portion of the
plat so vacated.
9. Approval of Plat. The County agrees to approval of the
Final Plat subject to the terms and conditions of this Agreement
and Conditions of Approval of the Preliminary Plan.
10. Amendment. This Agreement may be amended from time to
time, provide that such amendment be in writing and signed by the
parties hereto.
11. Binding Effect. This Agreement shall be a covenant
running with the title to each lot within the subdivision and the
rights and obligations as contained herein shall be binding upon
and inure to the benefit of Los Adobes, its successors and assigns.
12. Indemnity. To the extent allowed by law, Los Adobes
agrees to indemnify and hold harmless the County for claims which
may arise as a result of Los Adobes' installation of improvements
pursuant to this Agreement. However, Los Adobes does not indemnify
the County for claims made asserting that standards imposed by the
County on Los Adobes are improper or the cause of the injury
asserted.
The County shall be required to notify Los Adobes of receipt
of a Notice of Claim or Notice of Intent to Sue and shall afford
Los Adobes the option of defending any such claim or action.
Failure to notify and provide such option to Los Adobes shall
extinguish the County rights under this paragraph. Nothing herein
stated shall be interpreted to require Los Adobes to indemnify the
County for claims which may arise from the negligent acts or
omissions of the County.
13. Roads. Roads within the Los Adobes Subdivision shall be
private roadways and shall be owned, maintained and repaired by Los
Adobes Homeowners Association, Inc. at Los Adobes Homeowners
Association, Inc.'s sole expense. Approval and acceptance of roads
within the Los Adobes Subdivision shall not obligate the County to
construct, maintain, repair, or replace such roads. Los Adobes
applied for and received approval from the Board of County
Commissioners of Garfield County for a road grade variance for the
roads as shown on the engineering drawings.
LOS ADOBES JOINT VENTURE
4
ATTEST:
gook 859.'4ci 803
By: 4 i!/ :it
Na A• Gre-j
By:/
Stephen't�
B: � Mir/
oAnn Stephens:1"r
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JOINT VENTURERS
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
5
BOOK 859 ^Mc, 804
EXHIBIT LIST
EXHIBIT "A" - Final Plat, recorded ,9p,1/ /6, P79.9 , as
Reception No. '-/`fd Ola, , a copy of
which is not included with this Agreement.
EXHIBIT "B" - Public Improvements to be completed including cost
estimates.
EXHIBIT "C" - Proposed Letter of Credit
6
ENGINEER'S OPINION OF PROBABLE
CONSTRUCTION COST
LOS ADOBES DEVELOPMENT
HCE JOB NO. 90042.004
March 1, 1993
Item
1. Finish Rough Grading
of Cul -de -Sac and
Debris Basin
2. Finish Aggregate
Base Course Road
Road Surface
3. Public Wells and Waterline:
Two Wells (350' Deep ±)
Two Sets of Pumps/Controls
2" Waterline
10,000 Gal. Fire Storage
Tank (installation only)
Quantity
Lump Sum
200 C.Y.
Lump Sum
Lump Sum
1000 L.F.
Lump Sum
4. Electric Service 800 L.F.
5. Telephone Service (trench-
ing and cable installation)
6 Lots @ $200/Each
6. Revegetation
2200 L.F.
Lump Sum
Lump Sum
BOOK 859 PNG, 805
Unit Cost
18.00
Cost
$2,500.00
3,600.00
17,500.00
8,000.00
12.00 12,000.00
2,000.00
25.00 20,000.00
5.00 11,000.00
1,200.00
5,000.00
TOTAL $82,800.00
This opinion 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
f luctuat i,R01.Piloz
RES/s
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PI NV
n„ „i«,lg09'Z3 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
BooK 859.,Mci 800
Alpine
4 tb. Carbondale
DATE OF ISSUE: March 22, 1993
TO: (Beneficiary) Garfield County
APPLICANT: Los Adobes Joint Venture
EXPIRATION DATE: December 22, 1994
AMOUNT: Eighty-two Thousand Eight Hundred and No/100 Dollars
($82,800.00)
We hereby establish our irrevocable letter of credit in favor
of the Beneficiary available by payment with the Alpine Bank of
Carbondale of the Beneficiary's drafts drawn on the Alpine Bank of
Carbondale if accompanied by the following documents:
a) A Beneficiary's statement signed by the Commissioners of
Garfield County, Colorado, certifying that "Los Adobes Joint
Venture has failed to perform under and in accordance with the
provisions of the Los Adobes Subdivision as per the executed
Subdivision Agreement" entered into the day of March 1993,
between the Beneficiary and the Applicant, a copy of which is
attached hereto and incorporated herein by reference, and stating
the amount of the default;
b) The original Letter of Credit.
All drafts drawn under this credit are to be endorsed hereon
and shall bear the clause "Drawn under Alpine Bank of Carbondale
Letter of Credit No. 74384-02, dated March 22, 1993."
This Letter of Credit is subject to the "Uniform Customs and
Practice for Documentary Credits (1983 Revision), International
Chamber of Commerce Pub. 400."
Alpine Bank of Carbondale hereby engages with the Beneficiary
that all drafts and documents drawn under and in compliance with
the terms of this Letter of Credit will be duly honored if drawn
and presented for payment at the Alpine Bank of Carbondale on or
before the expiration date of this Letter of Credit.
i`, iSPtNE BANK OF CARBONDALE
d, President
0326 Highway #133 • Carbondale. Colorado 81623 • (303) 963-3040
forme/ly known as Rpa/n9 Fo/M RJnh
��tS) recycled paper
NOV-20-1995 15: 26
HIGH COUNTRY ENGINEERING P.01
November 28, 1995
Mr. Mark Bean
Garfield County Planning
109 8th Street, 3rd Floor
Glenwood Springs, CO 81601
RE: Los Adobes Subdivision
HCE Job No. 90042.004
Dear Mark:
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This letter is to follow up on the construction completion letter dated January 20, 1995 which
discussed the progress on the construction of the public improvements to that date. The only
items not covered in the January 20, 1995 letter were the remainder of the telephone service and
the well systems. Since that date, telephone services have been established for each lot, and
additional wells, well houses, pumps, and controls have been installed.
Based on periodic observations of the construction in progress, the improvements noted above
have been completed in accordance with the construction documents approved by the County and
Garfield County Regulations. This statement of completion shall in no way relieve any other
party from meeting requirements imposed by contract or other means, including commonly
accepted industry practices.
The owner is requesting release of the remainder of the collateral held by the County. It is our
understanding that this should amount to $ 51,000.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303.945.8Ci 3 FAX: 303.945.2555
NOU-28-1995 15:27
November 28, 1995
Garfield County Planning
Page 2
HIGH COUNTRY ENGINEERING P.i2
If you have any questions or need additional information, please call.
Sincerely,
HIGH COUNTRY ENGINEE
Ti otfiy V. Beck, P.
F cipal Engineer
TPB:rjh
TOTAL P.02
March 1, 1993
Mr. David Michaelson
Garfield County Planning
109 8th Street, 3rd Floor
Glenwood Springs, CO 81601
RE: Los Adobes Subdivision
HCE Job No. 90042.004
Dear David:
This letter is to bring the County up-to-date on the construction already performed for the public
improvements for the Los Adobes Subdivision. Currently, the vast majority of the construction
necessary for the main access road has been completed in accordance with the plans approved
by the County. The road work remaining to be performed consists of the final rough grading
of the cul-de-sac and a short piece of adjacent roadway, and final aggregate base course surface
for the same area. The aggregate base course surface on the remainder of the roadway has been
placed, but not tested for depth or compaction. Therefore, it may need to be "touched up" to
finish in some places.
There is also some minor earthwork involved with the excavation for the debris basin, and the
installation of the water storage tank for fire protection. Neither of these items has been
completed.
The electric main has been brought to the cul-de-sac from the northeast corner of the property.
The service lines have been installed for Lot 4 and one well, but need to be installed to the
remaining lots and wells.
The telephone system has yet to be installed, only 4 service drop has been run to Lot 4.
One well and one water service have been installed but the remaining wells and water services
need to be constructed.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
Garfield County Planning
Page 2
March 1, 1993
According to the Land Design Partnership, the main fill slopes have been seeded and an erosion
control blanket has been installed. Seeding of other small disturbed areas, such as the debris
basin area, has yet to be performed. An irrigation system for maintenance of the vegetated areas
has been installed. The amount in the attached Engineer's Opinion of Probable Construction
Cost includes the above mentioned seeding, as well as a sum to be held per the County approval
to ensure an acceptable revegetation effort at the end of the prescribed warranty period.
Based on periodic observations of the construction in progress, the improvements noted above
have been completed in accordance with the construction documents approved by the County and
Garfield County Regulations. This statement of completion shall in no way relieve any other
party from meeting requirements imposed by contract or other means, including commonly
accepted industry practices.
If you have any questions or need additional information, please call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Tim
Prin
thy P. Beck, P.E.
ipal Engineer
TPB:rjh
•
ENGINEER'S OPINION OF PROBABLE
CONSTRUCTION COST
LOS ADOBES DEVELOPMENT
HCE JOB NO. 90042.004
February 25, 1993
Item
1. Finish Rough Grading
of Cul -de -Sac and
Debris Basin
2. Finish Aggregate
Base Course Road
Road Surface
3. Public Wells and Waterline:
Two Wells (350' Deep ±)
Two Sets of Pumps/Controls
2" Waterline
Quantity
Lump Sum
200 C.Y.
Lump Sum
Lump Sum
1000 L.F.
4. Electric Service 800 L.F.
5. Telephone Service
6 Lots @ $200/Each
2200 L.F.
Lump Sum
sAf'{.'kL:S..a :sal fti `ti s;�
Unit Cost
18.00
12.00
25.00
5.00
Cost
$2,500.00
3,600.00
17,500.00
8,000.00
12,000.00
20,000.00
11,000.00
1,200.00
TOTAL $75,800.00
This opinion 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.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
487627 B-964 P-55 01/16/96 03:25P PG 1 OF 3 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
ACKNOWLEDGEMENT OF SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Los Adobes Joint Venture entered into a Subdivision Improvements
Agreement with the Board of County Commissioners of Garfield County, Colorado,
(hereinafter "Board") dated April 5, 1993, recorded in Book 859, at Page 799 as Reception No.
446428 of the Garfield County records on April 16, 1993, for the improvement of the Los
Adobes Subdivision; and
WHEREAS, Los Adobes Venture has requested the release of $51,000.00, based on a
statement from Tim Beck, High Country Engineering, that all improvements identified in the
agreement were completed as required.
NOW THEREFORE, at the request of Los Adobes Venture and in consideration of the
premises and prior agreements, the Board hereby acknowledges the satisfaction of the
Subdivision Improvements Agreement entered into by Los Adobes Venture and the Board for
the Los Adobes Subdivision, and releases security in the amount of $51,000.00.
STATE OF COLORADO
)ss
COUNTY OF GARFIELD
By:
Chairman
fk
The foregoing instrument was acknowledge before me on this fs " day of
1996, by Marian I. Smith, as Chairman of the Board of County
ommicsione of Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires NA
/A ..9., //
Garfield County Clerk
487627 B-961 P-56 01/16/96 03:25P PG 2 OF 3
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OUNTR Y
NG/N£ER/NG
November 28, 1995
Mr. Mark Bean
Garfield County Planning
109 8th Street, 3rd Floor
Glenwood Springs, CO 81601
RE: Los Adobes Subdivision
HCE Job No. 90042.004
Dear Mark:
t L'
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DC 0 61995
CNTY
This letter is to follow up on the construction completion letter dated January 20, 1995 which
discussed the progress on the construction of the public improvements to that date. The only
items not covered in the January 20, 1995 letter were the remainder of the telephone service and
the well systems. Since that date, telephone services have been established for each lot, and
additional wells, well houses, pumps, and controls have been installed.
Based on periodic observations of the construction in progress, the improvements noted above
have been completed in accordance with the constniction documents approved by the County and
Garfield County Regulations. This statement of completion shall in no way relieve any other
party from meeting requirements imposed by contract or other means, including commonly
accepted industry practices.
The owner is requesting release of the remainder of the collateral held by the County. It is our
understanding that this should amount to $ 51,000.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
487627 8-864 P-57 01/16/96 03:25P PG 3 OF 3
November 28, 1995
Garfield County Planning
Page 2
If you have any questions or need additional information, please call.
Sincerely,
HIGH COUNTRY ENGINEROQNI �
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Ti �t y . Beck, P.
Prncipal Engineer
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