HomeMy WebLinkAbout1.0 Improvement AgreementACKNOWLEDGEMENT OF SATISFACTION OF
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, George R. Kilby and Farley S. Kilby (hereinafter "Owners"), entered into a
Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield
County, Colorado (hereinafter "Board") dated September 9, 2000, recorded on December 12, 2000 in
Book 1389, at Page 48 as Reception No. 611168 of the Garfield County records for the
improvements of May Fly Bend Subdivision; and
WHEREAS, Owner has presented a certification from Sopris Engineering, LLC dated June
14, 2005 certifying that the Owner has completed subdivision improvements associated with the May
Fly Bend Subdivision having an actual cost of construction of $277,412.85 including those that were
incomplete at the time of execution of the SIA, and requesting that based upon said certification the
amount of the original letter of credit be reduced to a total amount of $0.00 as a result of all
construction obligations required in the Subdivision Improvement Agreement being completed as
detailed in said certification.
NOW THEREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements
Agreement entered into by the Owner and the Board for the release of security in the amount of
$35,678.00 which will result in a remaining balance of said letter of credit in the amount of $0.00
and constituting a full and final release of said letter of credit.
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
Chairman
The forgoing instrument was acknowledged before me this day of
2005, by John Martin, as Chairman of the Board of County Commissioners, Garfield County
Colorado.
WITNESS my hand and official seal.
Mildred Alsdorf, Clerk to the Board
06/14/2005 14:56 970-704-0313 SOPRIS ENGINEERING
PAGE 04
June 14, 2005
Fred Jarmin
Garfield County Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Mayfly Bend Ranch
SE Job No. 20065.01
Dear Mark:
This letter is written to formally notify the County of the work completed for Mayfly Bend Ranch. On
behalf of the owner we request that the letter of credit be reduced to a total amount of. $0.00
Based on periodic observation, testing and final. walk through on. May 19th, 2005 the construction has been.
completed i.n accordance with the intent of the plans and specifications that were reviewed and approved
by the County. Attached is a cost estimate and work completed that shows what was remaining to be
completed since the last partial release. The amount remaining was $35,678.00 for extending a portion of
the road, telephone installation., and topsoil placement with re -vegetation. The improvements were
constructed in compliance with the Subdivision Improvement Agreement. Attached is the original cost
estimate and work completed schedule.
Engineers Cost Estimate
Work Completed
cc: George Kilby
$277,412.50
-.$277,412.50
$ 0.00
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax
(970) 704-0313
SOPRIS ENGINEEHINC • LLC
civil consultants
06/14/2005 14:56 970-704-0313
•
SOPRIS ENGINEERING
COST ESTIMATE AND WORK COMPLETED
MAYFLY BEND
SE JOB NO. 20065.01
8/1/03
ERROSION CONTROL
COST COMPLETED
12,000.00 12,000.00
2,500.00 2,500.00
ITEM
MOBILIZATION
3
CLEAR AND GRUB, TOP SOIL REMOVAL
EXCAVATION
CLASS 6 ABC
WATER WELL
7
POND CONSTRUCTION
12" PIP, IRRIGATION
9
12` CMP
10 18" CMP CULVERT
27,750.00 27,750.00
65,250.00 52,200.00
24,675.00 19,740.00
15,000.00 15,000.00
5,000.00 5,000.00
9,600.00 9,600.00
800.00 800.00
7,616.00 7,616.00
11 24" CMP CULVERT 2,090.00 2,090.00
12 36" CMP CULVERT
13 CONCRETE IRRIGATION DIVERSION
14 3' UTILITY TRENCH
6,300.00 6,300.00
15 ELECTRIC SPLICE VAULTS
500.00 500.00
23,512.50 23,512.50
500.00 500.00
16 ELECTRIC TRANSFORMER VAULTS 3.000.00 3,000.00
17 ELECTRICAL BY UTILITY PROVIDER 29,600.00 29,600.00
18 TELEPHONE BY UTILITY PROVIDER 0.00
19 TOP SOIL PLACEMENT — 2,000.00 1,800.00
20 REVEGITATION 2,500.40 250.00
SUBTOTAL • 252,193.50 219,758.50
CONTINGENCY 10°% 25,219.00 21,976.00
TOTAL 277,412.50 241,734.50
roorottoRM'
PAGE 05
NOTE: This opinion of probable construction coat was prepared for budgeting purposes only. Sopris Engineering, LLC cannot be held
responsible for variances from this estimate as actual costs may vary due to bld and market fluctuations.
RECEIVED
Alpine Bank m 2UO3
Ito ® Snowmass Village
GARFIELD COUNTY
BUILDING & PLANNING
IRREVOCABLE STANDBY LETTER OF CREDIT
Date of Issue: September 23, 2002
Amount: $136,000.00
Number: 92302
Expiration date: November 1, 2003
Applicant: George R. Kilby and Farley S. Kilby
Beneficiary: Board of Commissioners of Garfield County, Colorado
To Whom It May Concern:
In order to secure installation of subdivision improvements by Applicant/Developer in
Mayfly Bend Ranch Subdivision pursuant to and in accordance with SUBDIVISION
IMPROVEMENTS AGREEMENT -- MAYFLY BEND RANCH SUBDIVISION between
Beneficiary and Applicant dated September 9, 2002, and at the request and for
benefit of Applicant, Alpine Bank hereby establishes in Beneficiary's favor an
irrevocable standby letter of credit in an amount not to exceed $136,000.00 U.S.
Beneficiary shall promptly notify Alpine Bank, in writing and by phone, at the address
and phone number at the foot of this letter when a default or event of default of the
AGREEMENT occurs. Such notification shall include any notice or order required to be
sent to Applicant pursuant to the AGREEMENT.
Alpine Bank agrees to honor drafts drawn under and in compliance with the terms of
this letter if duly presented to a loan officer at the physical address at the foot of this
letter before 3:00 pm local time on or before the expiration date, excluding
Saturdays and bank holidays. Partial draws are permitted. This letter is not
transferable.
The conditions for payment of any draft drawn against this letter are as follows:
1. Receipt by Alpine Bank of Beneficiary's manually signed statement by
an authorized signatory certifying that Applicant has failed to perform or comply in
accordance with the provisions of the AGREEMENT, and stating the dollar amount of
the default.
2. Presentation of the original Letter of Credit to Alpine Bank, endorsed on
the reverse side with the words: "Drawn by the Board of Commissioners of Garfield
County, Colorado in the amount of ($ )", then manually signed
by an authorized signatory.
The amount available under this letter may be reduced from time to time upon
receipt by Alpine Bank of a Reduction Certificate in the form attached hereto as
Exhibit A, which forms an integral part of this letter. Each reduction must be
endorsed by Beneficiary on the reverse side of this letter.
rP.O.Box 5490. 15 Kearns Road • Snowmass Village, Colorado 81615 • (970) 923-3600 • FAX (970) 923-6973
E -Mail: alpine@alpinebank.com ��� Recycled Paper
This letter is governed by applicable provisions of the Colorado Uniform Commercial
Code in effect on date hereof. This letter sets forth in full the terms of our
undertaking, and such undertaking shall not in any way be modified, amended,
amplified or limited by any document, instrument or agreement referred to herein, or
in which this letter is referred to, or to which the credit extended hereby relates; and
no such reference shall be deemed to incorporate herein by reference any such
document, instrument or agreement.
ALPINE BANK, SNOWMASS VIL GE
By
ficial capact
Aco /i11 8
4k /389 /5. 0
9�Z /1000
SUBDIVISION IMPROVEMENTS AGREEMENT
MAYFLY BEND RANCH SUBDIVISION
This subdivision improvements agreement ("Agreement") is entered into by George
R. Kilby and Farley S. Kilby ("Developers") and the Board of Commissioners of
Garfield County, Colorado ("County") in connection with Mayfly Bend Ranch
Subdivision ("Subdivision") on this ci'day of September, 2002.
RECITALS
Developers own and are developing certain real property in Garfield County,
Colorado known as Mayfly Bend Ranch Subdivision.
Approval of the preliminary plan for the Subdivision is indicated by Garfield
County Resolution No. 2002- 51.
Developers have submitted to the County for its approval the Final Plat for
the Subdivision ("Final Plat"), the boundaries for which are described on EXHIBIT
ONE attached hereto and made a part hereof.
Developers wish to enter into this Agreement with the County as a
condition of approval of the Final Plat, as required by the laws of Colorado.
Developers have completed or have agreed to complete certain subdivision
improvements, as set forth herein; have agreed to execute and deliver a letter of
credit and security for revegetation to the County to secure and guarantee
Developers' performance hereunder, and have 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 herein.
AGREEMENT
NOW THEREFORE, in consideration of the Recitals and the following mutual
covenants and agreements, the parties hereby covenant and 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 and of Garfield
County Resolution No. 2002- 51.
2. DEVELOPERS' PERFORMANCE. Developers have constructed and
installed, or shall cause to be constructed and installed by no later than May 1,
2003, all at Developers' expense, those improvements related to the Subdivision
which are required by this Agreement, Garfield County Resolution No. 2002- 51 ,
the Final Plat, and Garfield County Zoning and Subdivision Regulations. Such
improvements include internal roads, road signage, drainage features, utility
structures, a twelve -foot wide gravel surface for emergency access, and electrical
utilities, as well as revegetation of all areas disturbed by installation of such
improvements, all in accordance with the plans and specifications therefor as
contained or as referenced in the Final Plat. The cost estimate of the subdivision
improvements and cost estimate and work completed prepared by a licensed
engineer, together with engineer's cover letter dated August 28, 2002, all of which
are certified under engineer's seal, are set forth on EXHIBIT TWO [3 pages]
attached hereto and incorporated herein.
Additionally, Developers shall comply with the following:
A. All Final Plat documents submitted prior to or at the time of
Final Plat approval, which are incorporated herein.
B. All other requirements of Garfield County Resolution No. 2002-
51 and Garfield County Zoning and Subdivision Regulations.
C. All laws, regulations, orders and resolutions of Garfield County,
Colorado and affected special districts.
D. All designs, maps, specifications, sketches and other materials
submitted to and approved by any of the above governmental agencies.
The County agrees that if all improvements are installed in accordance with
the foregoing requirements and consistent with as -built drawings to be submitted
upon completion of such improvements, then the Developers shall be deemed to
have satisfied all terms and conditions of Zoning and Subdivision Regulations of
Garfield county, Colorado.
3. SECURITY FOR IMPROVEMENTS.
Letter of Credit. On or before the date of recording the Final Plat with the
Garfield County recorder, Developers shall deliver to the County a letter of credit in
a form acceptable to the County in the total amount of $136,000 which is the
estimated cost of completing the remaining subdivision improvements as set forth
on EXHIBIT TWO except for the revegetation which is addressed below. Such letter
of credit must be valid for a minimum of six months beyond the required
completion date of May 1, 2003. If the time of completion of the improvements is
extended by written amendment to this Agreement, the time period for the
validity of the letter of credit shall be similarly extended. Additionally, should the
letter of credit, prior to County acceptance of the subdivision improvements,
become void or unenforceable for any reason including bankruptcy of Developers
or of the financial institution issuing or confirming the letter of credit, then this
Agreement shall become void and of no force or effect, and the Final Plat shall be
vacated.
Releases of Security. The County shall release portions of the Security as
portions of the subdivision improvements are completed to the satisfaction of the
County. Certification of completion adequate to authorize release of Security must
be submitted by a licensed or registered engineer. Such certification shall certify
that the improvements have been constructed in accordance with the
requirements of this Agreement and Final Plat plans, and shall be stamped "as -
built drawings" as applicable. Developers may also obtain release of a portion of
the Security upon proof (i) that they have a valid contract with a public utility
company regulated by the Colorado PUC that obligates such company to install
certain utility lines, and (ii) that Developers have paid to such utility company the
cost of installation of such utilities required to be paid by them under such
contract.
Upon submission of a certification of completion of improvements, the
County may inspect and review such improvements to determine if they have been
constructed in compliance with the relevant specifications. If the County
determines such improvements or a portion thereof are not in compliance with the
relevant specifications, the County shall furnish a letter of potential deficiencies to
the Developers within fifteen days detailing which improvements are potentially
deficient. If no letter of potential deficiency is furnished the Developers within said
fifteen -day period, all improvements certified as complete shall be deemed to have
been accepted by the County, and the County shall release the appropriate amount
of security as it relates to such improvements. If a letter of potential deficiencies is
furnished which identifies a portion of the certified improvements as potentially
deficient, then all improvements not so identified shall be deemed to have been
accepted by the County, and the County shall release the appropriate amount of
security as it relates to the certified improvements that are not identified as
potentially deficient in the letter.
With respect to any improvements certified as complete by Developers that
are identified as potentially deficient by the County in a letter of potential
deficiencies, the County shall have thirty days from the date of such letter to
complete its investigation and provide written confirmation of the deficiency to
the Developers. If upon further investigation the County finds that the
improvements are acceptable to the County, the appropriate security shall be
released to the Developers within ten days after completion of such investigation.
In the event the improvements are not accepted by the County, the County shall
make written findings detailing the deficiencies and furnish such written findings
to the Developers, who then shall have a reasonable period of time to cure the
deficiencies prior to the County requesting payment from the letter of credit.
Substitution of Collateral. The County may at its sole option permit the
Developers to substitute collateral other than a letter of credit acceptable to the
County in order to secure completion of the subdivision improvements.
Security for Revegetation. Revegetation of all areas disturbed by
installation of subdivision improvements, shall be secured by a payment in the
sum of $2,500.00 from Developers to the County. The County may hold the funds
for a two-year period of time following recording of the Final Plat in order to verify
the success of Developers' revegetation efforts. Certifications and release of the
security for revegetation upon expiration of said two-year period shall be
substantially in accordance with the procedures outlined above in the section
entitled Releases of Security.
Recording of Final Plat. The Final Plat shall not be recorded with Garfield
county recorder until the letter of credit and security for revegetation, or other
acceptable collateral, has been received and approved by the County.
4. STREETS. The right-of-way for Ponderosa Pines Way identified on
the Final Plat of the Subdivision shall be dedicated for public use. The
Homeowners' Association shall be solely responsible for the maintenance, repair
and upkeep of such dedicated right-of-way. The County shall not be obligated to
maintain any streets or roads within the Subdivision.
5. INDEMNITY. To the extent allowed by law, Developers agree to
indemnify and hold harmless and defend the County from all claims which may
arise as a result of Developers' installation of the subdivision improvements;
provided that Developers do not indemnify the County for claims make asserting
that the standards imposed by the County are improper or are the cause of the
injury asserted; and further provided that Developers do not indemnify the County
from claims or demands which arise based in whole or in part upon negligent or
wrongful acts or omissions of the County or its employees. The County must
notify the Developers within thirty days of receipt by the County of any notices or
claims for which Developers may be responsible under the first sentence of this §5.
Upon receipt of such notification from the County, the Developers shall have the
option of defending such claims, demands or actions. Failure of the County to so
notify the Developers consistent with this §5 shall extinguish and render
unenforceable the County's rights and indemnity protections hereunder.
6. FEES IN LIEU OF DEDICATION OF LAND TO SCHOOL DISTRICT.
In lieu of dedicating land to Roaring Fork School District RE -1, Developers shall
make a cash payment, calculated as follows in accordance with §§9.80 and 9.81 of
Garfield County Subdivision Regulations, to -wit:
a. Unimproved per acre market value of land, based on the
appraisal performed by High Country Appraisal Associates, as of May 14, 2002:
$1,015,000 ± 40.61 acres = $24,994
b. Land dedication standard: .020 acres
c. Amount of cash in lieu payment: $24,994 x .020 x 5 single
family dwelling units = $2,499.40.
Developers shall therefore pay to Garfield county treasurer at or prior to the time
of recording the Final Plat the sum of $2,499.40 as the in lieu payment to the
school district. Developers acknowledge they are obligated to pay such fee, accept
such obligation, and waive any claim that they are not so obligated. Subsequent to
recording the Final Plat, Developers will not claim nor are they entitled to claim
any reimbursement of such in lieu fee.
7. FIRE DISTRICT IMPACT FEES At or prior to the time of recording
the Final Plat, Developers shall provide the County Planning Department with
proof of payment to Carbondale and Rural Fire Protection District of the sum of
$2,085.00 for impact fees to such District.
8. SALE OF LOTS. No lots within the Subdivision shall be conveyed
prior to recordation of the Final Plat.
9. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of
this Agreement by Developers, County may withhold issuance of building permits
for any structure within the Subdivision. No building permit shall issue until
Developers demonstrate to the satisfaction of Carbondale and Rural Fire Protection
District that adequate water is available for the District's purposes at the
construction site. No certificate of occupancy shall issue for any building or
structure until all subdivision improvements have been completed and are
operational as required by this Agreement. Developers shall send the form of
Notice attached hereto as EXHIBIT THREE to all lot purchasers who have signed a
Real Estate Contract to purchase a Lot in the Subdivision from Developers.
10. ENFORCEMENT. In addition to any rights which may be provided
by Colorado statute, either party hereto or any purchaser of a lot within the
Subdivision shall have the authority to bring an action in Garfield county district
court to compel enforcement of this Agreement.
11. CONSENT TO VACATE PLAT. In the event Developers fail to comply
with the terms of this Agreement, the County shall have the ability to vacate the
Final Plat as it pertains to lots within the Subdivision for which no building permit
has issued. Any existing lots for which building permits have issued shall not be
vacated, and the Final Plat as to those lots shall remain valid. Developers shall
provide a survey and complete legal description with a map showing the location
of any portion of the Final Plat so vacated.
12. BINDING EFFECT. This Agreement is 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 Developers, their
successors and assigns.
13. RECORDING. Upon execution by both parties hereto, Developers
shall record this Agreement with Garfield county recorder.
14. VENUE AND JURISDICTION. COLORADO LAW APPLIES. Venue and
jurisdiction for any cause of action arising out of or related to this Agreement shall
lie exclusively in Garfield county district court, State of Colorado. In all cases,
Colorado law shall apply to resolution of any cause of action or to the
interpretation of this Agreement.
15. AMENDMENT. This Agreement may be amended from time to time
but only in writing and by a document executed by both parties hereto.
16. NOTICES All notices required or permitted hereunder shall be
given in writing by personal service or by personal delivery or by certified mail
return receipt requested, as follows:
TO: BOARD OF COMMISSIONERS OF GARFIELD COUNTY, COLORADO
Attention: Mark Bean, Planning Director
109 8th St. Suite 303
Glenwood Springs, CO 81601
TO: GEORGE R KILBY and FARLEY S. KILBY
505 Sandy Lane
Anniston, AL 36207
with copy to
JAMES M. LARSON, esq.
Attorney for George and Farley Kilby
P.O. Box 272
Glenwood Springs, CO 81602
WITNESS THE DUE EXECUTION by the parties hereto as of the day set forth first
hereinabove.
George R. Kilby
Farley S.
BOARD OF COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
Chairman
Attest:
Clerk to the Board
PROPERTY DESCRIPTION
BEGINNING AT A POINT ON AN EXISTING FENCELINE FROM WHICH THE WITNESS
CORNER FOR THE SOUTH QUARTER CORNER OF SEC5TION 35, A NO. 6 REBAR
FOUND IN PLACE BEARS SOUTH 35°31'57" WEST A DISTANCE OF 3156.83 FEET;
THENCE NORTH 71°05'34" EAST A DISTANCE OF 20.19 FEET TO A REBAR AND CAP
P.L.S. #28643 AT THE SOUTHERLY LINE OF PARCEL 2 OF THE DAY SUBDIVISION
EXEMPTION; THENCE NORTH 89°38'00" EAST ALONG SAID SOUTHERLY LINE A
DISTANCE OF 38.34 FEET TO A REBAR AND CAP P.L.S.#28643 AT THE SOUTHWEST
CORNER OF PARCEL 3 OF THE SAID DAY SUBDIVISION EXEMPTION, THENCE
NORTH 89°38'00" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A
DISTANCE OF 374.37 FEET TO A REBAR AND CAP, P.L.S. #26950 ON THE SOUTHERLY
LINE OF SAID PARCEL 3; THENCE NORTH 89°20'57" EAST A DISTACNE OF 287.67
FEET ALONG SAID SOUTHERLY LINE TO A REBAR AND CAP P.L.S. #27613 AT THE
SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 22°04'54" EAST A
DISTANCE OF 66.34 FEET ALONG THE EASTERLY LINE OF SAID PARCEL 3 TO A
REBAR AND CAP P.L.S. #27613; THENCE NORTH 13°22'48" EAST ALONG SAID
EASTERLY LINE, A DISTANCE OF 76.62 FEET ALONG SAID EASTERLY LINE;
THENCE SOUTH 68°35'45" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 68.78
FEET TO THE SECTION LINE COMMON TO SECTIONS 35 AND 36; THENCE SOUTH
00°33'05" EAST ALONG SAID SECTION LINE A DISTANCE OF 13.99 FEET TO THE
NORTHWEST CORNER OF GOVERNMENT LOT 14 IN SECTION 36; THENCE NORTH
89°53'49" EAST A DISTANCE OF 1210.49 FEET; THENCE SOUTH 00°00'00" EAST A
DISTANCE 740.00 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE SOUTH
72°44'29" WEST A DISTANCE OF 264.93 FEET TO A REBAR AND CAP P.L.S. #26950;
THENCE SOUTH 30°22'30" WEST A DISTANCE OF 251.43 FEET TO A REBAR AND CAP,
P.L.S. #26950; THENCE NORTH 89°58'08" WEST A DISTANCE OF 420.28 FEET TO A
REBAR AND CAP, P.L.S. #26950; THENCE NORTH 65°19'05" WEST A DISTANCE OF
252.12 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 78°29'52" WEST A
DISTANCE OF 277.46 FEET TO A REBAR AND CAP, P.L.S.#26950; THENCE SOUTH
66°12'16" WEST A DISTANCE OF 185.69 FEET TO A REBAR AND CAP, P.L.S. #26950;
THENCE NORTH 62°09'01" WEST A DISTANCE OF 155.56 FEET TO A REBAR AND
CAP, P.L.S. #26950; THENCE NORTH 78°31'47" WEST A DISTANCE OF 82.93 FEET TO
A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 65°12'47" WEST A DISTANCE OF
389.37 FEET TO A POINT ON A FENCELINE BEING A REBAR AND CAP, P.L.S. #26950;
THENCE ALONG SAID FENCELINE NORTH 00°40'07" EAST A DISTANCE OF 585.69
FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINNG 40.612 ACRES,
MORE OR LESS.
c c DIvls) on) rMArlo-
VMKCtrs '% Efi 0,r
E?< H-0 31 T oava
APR -08-1900 02:57
EXHIBITT 1
MAYFLY BEND
SE J013 NO. 20065.01
8/29/02
P. 03
TEM QUANTITY UNIT mar COST COST
1
MOBILIZATION
1
LS
12,000.00
12,000.00
2
ERROSION CONTROL
1
LS.
2,500.00
2,500.00
3
CLEAR AND GRUB, TOP SOIL REMOVAL
5,550
C.Y_
5.00
27,750.00
4
EXCAVATION
7,250
CY
9.00
65,250.00
—
5
CLASS 6 ABC
987
CY
25.00
24,675.00
6 _
WATER WELL
5
EA
3,000.00
15,000.00
7
POND CONSTRUCTION
1
L.S.
5,000.00
5,000,00
8
12" PIP, IRRIGATION `- _..
480
LF
20.00
9,600.00
9
r12" GMP . ...
32
LF
25.00
.800.00
10
18" CMP CULVERT
238
-----.--&T-----C,---
LF
32.00.
7,616.00-
11
24" CMP CULVERT
38.00
,090
2.E
12
36` CMP CULVERT
84
LF
_75.00
6,300.00
13
CONCRETE IRRIGATION DIVERSION
1
EA
500.00
500.00
14
3' UTILITY TRENCH
3.135
LF
7.50
23,512.50-
- 15
ELECTRIC SPLICE VAULTS
1
EA
500_.00_
_ _500.00
16
ELECTRIC TRANSFORMER VAULTS
6
EA
600.00
3,000.00
17
ELECTRICAL BY UTILITY PROVIDER
1
L_$.
29,600.00
29,600.00
18
TELEPHONE BY UTILt7YPROVIDER
1
L.S.
12,000.00
12,000.00
19
TOP SOIL PLACEMENT
400
CY
5.00
2,000.00-
20
REVEGITATJON
1
L.S.
2,500.00
2,600.00
SUBTOTAL
252,193.50
CONTINGENCY 10%
25,219.00
277,412.50
�-`
TOTAL
NOTES:
a) Removal of top soil assumes an average depth of 1 foot after clear & grub, to be stock piled on site.
b) All utility trench assumes conduit for electric, telephone per civil drawings.
•
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NOTE This opinion of probable construction cost was prepared for budgeting purpose: only. Sopria Engineering, LLC cannot be held
responsible nor variances from this estimate as actual costs may vary due to bid and market tluohiations.
8OLOOZZ£0£ 'ON Xdd ONI SIOH.L I HO8V WE WV b£ : I I f1HJ. zOOz-6?-Of1V
APR --1900 02 ; 57
COST ESTIMATE AND WORK COMPLETED
MAYFLY BEND
SE JOB NO. 20065.01
8/29//02
REM COST
COMPLETED
1
MOBILIZATION
12.000.00
8.000.00
2
ERROSION CONTROL
2,500.00
1,000.00
3
CLEAR AND GRUB, TOP SOIL REMOVAL
27,750.00
18,500.00
4
EXCAVATION
86,25000
30,000.06
6 .
CLASS B -Alit
24,875.00
8 .
WATER WELL .
15,000.0015,
000.00
7
POND CONSTRUCTION
5.000.00
4,000.00
817
..__9 .
PIP. IRRIGATION
9,800.00
9_,800.00
1Y CMP
800.00
80000
10
19" CMP CULVERT
7,616.00
11
24" CMP CULVERT��--
-2,09000
12
39'tCMPCULVERT
6.300.00_.__
6,30-61Z
13
CONCRETE IRRIGATION DIVERSION500.00
-_.--,
,.
14
3' UTILITY TRENCH r _.__._.... ..
----
23,512.50
15
ELECTRIC SPLICE VAULTS
_ •
_. _. 600.00
500.00
16
ELECTRIC TRANSFORMER VAULTS
3,000.00
3,000.00
17
ELECTRICAL BY UTILITY PROVIDER
29,800.00
29,60.0.00
18
TELEPHONE BY UTILITY PROVIDER
12,000.00
19
TOP SOIL PLACEMENT
2,000.00,
20
REVEGITATION
2•x.00
TOTAL
252,193.50
126.300.00
CONTINGENCY 10%
25,219.00
_ 12,630.00
PERRCNT
271,412.50
138,930.00
170 d
P. 04
IH/6)T Two
7,2 cl
SU 11/I SbN Tftwe1(/E-
7)1 ' EE6.1Eiv7"
NOTE: This opinion of p b*st la cnstruot on quantities wee prepared for bud9e1rg purposes only. Sop % engineering. LLC cannot be held
responsible for enema; form Brie estirrnk.
TOTAL P.04
8OLOOzz£0£ 'ON Xd1 ONI S1031IHO1kJ W3S WV ti£:I1 f1H.L z00z-6z-Ofld
NOTICE TO LOT OWNER AND/OR BUILDING PERMIT APPLICANT
PLEASE TAKE NOTICE that pursuant to the provisions of Section 9 of the Subdivision
Improvements Agreement for Mayfly Bend Ranch Subdivision, in the event of any
violation of the Agreement by Developers, George R. Kilby and Farley S. Kilby, Garfield
County may withhold issuance of building permits. In addition, no building permit shall be
issued with respect to any lot within the Subdivision until it has been demonstrated to
the satisfaction of Carbondale and Rural Fire Protection District that adequate water is
available for the Fire District's purposes at the site of construction.
Although Developers posted a letter of credit for the benefit of the Board of
Commissioners of Garfield County, in an amount sufficient to complete all subdivision
improvements, Garfield County cannot provide any guarantee of a date certain when
those improvements will be completed and therefore YOU ARE PROCEEDING AT
YOUR OWN RISK.
You are further advised that no Certificate of Occupancy shall be issued for any building
or structure within the subdivision until all public subdivision improvements have been
completed and are operational as required by the Agreement.
Signature by the undersigned acknowledges receipt of a copy of this Notice and that the
undersigned has read this notice and understands it.
Lot Owner Date
Lot Owner Date
Building Permit Applicant/Contractor Date
SuAP VLS oN p 1.pvE -
APR -08-1900 02 56 P.02
ust 28, 2002
Mark Bean
Garfield County Planning
109 8a' Street, Suite 303
Glenwood Springs, CO 81601
RE: Mayfly Bend Ranch
SE Job No. 20065.01
Dear Mark:
This letter is written to formally notify the County of the work completed for Mayfly Bend Ranch. On
behalf of the owner we request that the letter of credit be reduced to a total amount of 5138,482.50.
Based on periodic observation and testing, the construction has been completed in accordance with the
intent of the plans and specifications that were reviewed and approved by the County. The improvements
were constructed in compliance with the Subdivision improvement Agreement. Attached is the original
cost estimate and work completed schedule.
Engined Cost Estimate
Work Completed
$277,412.50
- S138.930,00
$138,482.50
if you have any questions or need additional information please give me a call.
cc: George Kilby
d 3
suanrvlS1OA) IMP(1ppE—
maim v err'
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINELB1NG • LLC
O'd
civil consultants
8OLOOzz£0£ 'ON XVH ONI S1,OH.LIHONd WB WV ££:II fH1, z00z-f7,-nnd
11111 11111 1111111 11111 1111 11111 111111111 11111 11111111
676371 06/16/2005 11:20A B1697 P820 M ALSDORF
2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
Mark Bean
Garfield County Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Mayfly Bend Ranch
SE Job No. 20065.01
Dear Mark:
May 25, 2005
SUN U 2,1005
GARFIEI-O CO 1 Nf
81111-D111G & F'LA
This letter is written to formally notify the County of the work completed for Mayfly Bend Ranch. On
behalf of the owner we request that the letter of credit be reduced to a total amount of $0.00
Based on periodic observation, testing and final walk through on May 19th, 2005 the construction has been
completed in accordance with the intent of the plans and specifications that were reviewed and approved
by the County. The improvements were constructed in compliance with the Subdivision Improvement
Agreement. Attached is the original cost estimate and work completed schedule.
Engineers Cost Estimate
Work Completed
$277,412.50
- $277,412.50
$ 0.00
If you have any questions or need additional information please give me a call.
Sincerely,r ,
Sq.;
4d
ERING, LLC
A
cc: George Kilby
[502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
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COST ESTIMATE AND WORK COMPLETED
MAYFLY BEND
SE JOB NO. 20065.01
5/25/2005
ITEM COST
COMPLETED
1
MOBILIZATION
12,000.00
12,000.00
2
ERROSION CONTROL
2,500.00
2,500.00
3
CLEAR AND GRUB, TOP SOIL REMOVAL
27,750.00
27,750.00
4
5
EXCAVATION
65,250.00
65,250.00
CLASS 6 ABC
24,675.00
24,675.00
6
WATER WELL.
15,000.00
15,000.00
7
8
POND CONSTRUCTION
5,000.00
5,000.00
12" PIP, IRRIGATION
9,600.00
9,600.00
9
12" CMP
800.00
800.00
10
18" CMP CULVERT
7,616.00
7,616.00
11
12
24" CMP CULVERT
2,090.00
2,090.00
36" CMP CULVERT
6,300.00
6,300.00
13
CONCRETE IRRIGATION DIVERSION
500.00
500.00
14
15
3' UTILITY TRENCH
ELECTRIC SPLICE VAULTS
23,512.50
500.00
23,512.50
500.00
16
17
18
ELECTRIC TRANSFORMER VAULTS
3,000.00
3,000.00
ELECTRICAL BY UTILITY PROVIDER
29,600.00
29,600.00
TELEPHONE BY UTILITY PROVIDER
12,000.00
12,000.00
19
20
TOP SOIL PLACEMENT
2,000.00
2,000.00
REVEGITATION
2,500.00
2,500.00
TOTAL
252,193.50
252,193.50
CONTINGENCY 10%
25,219.00
25,219.35
PERCENT
277,412.50
277,412.85
NOTE: This opinion of problable construction quantities was prepared for budgeting purposes only. Sopris Engineering, LLC cannot be held
responsible for ariances form this estimate.
I 111111 11111 111111 11111 1111 11111 1111 11 III 11111 1111 111
676371 06/16/2005 11:20A B1697 P819 M ALSDORF
1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
ACKNOWLEDGEMENT OF FINAL SATISFACTION OF
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, George R. Kilby and Farley S. Kilby (hereinafter "Owners"), entered into a
Subdivision Improvements Agreement (SIA) with the Board of County Commissioners of Garfield
County, Colorado (hereinafter "Board") dated September 9, 2000, recorded on December 12, 2000 in
Book 1389, at Page 48 as Reception No. 611168 of the Garfield County records for the
improvements of May Fly Bend Subdivision; and
WHEREAS, Owner has presented a certification from Sopris Engineering, LLC dated May
25, 2005 certifying that the Owner has completed subdivision improvements associated with the May
Fly Bend Subdivision having an actual cost of construction of $277,412.85 including those that were
incomplete at the time of execution of the SIA, and requesting that based upon said certification the
amount of the original letter of credit be reduced to a total amount of $0.00 as a result of all
construction obligations required in the Subdivision Improvement Agreement being completed as
detailed in said certification.
NOW THEREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements
Agreement entered into by the Owner and the Board for the release of security in the amount of
$35,678.00 which will result in a remaining balance of said letter of credit in the amount of $0.00
and constituting a full and final releas said letter of credit.
STATE OF COLORADO )
COUNTY OF GARFIELD )
TY COMMISSIONERS
Y
The forgoing instrument was acknowledged before me this /- day of ,
2005, by John Martin, as Chairman of the Board of County Commissioners, G field County
Colorado.
WI\'
cl f� 0,4
r
Ac,
official seal.
yam
•
Mildre Alsdorf, Clerk to the Board
/-16,
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COST ESTIMATE AND WORK COMPLETED
MAYFLY BEND
SE JOB NO. 20065.01
8/1/03
•
1/frft711) At.
'1111111 MO"
NOTE: This opinion of probable construction cost was prepared for budgeting purposes only. Sopris Engineering, LLC cannot be held
responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations.
ITEM
COST
COMPLETED
1
MOBILIZATION
12,000.00
12,000.00
2
ERROSION CONTROL
2,500.00
2,500.00
3
CLEAR AND GRUB, TOP SOIL REMOVAL
27,750.00
27,750.00
4
EXCAVATION
65,250.00
52,200.00
5
CLASS 6 ABC
24,675.00
19,740.00
6
WATER WELL
15,000.00
15,000.00
7
POND CONSTRUCTION
5,000.00
5,000.00
8
12" PIP, IRRIGATION
9,600.00
9,600.00
9
12" CMP
800.00
800.00
10
18" CMP CULVERT
7,616.00
7,616.00
11
24" CMP CULVERT
2,090.00
2,090.00
12
36" CMP CULVERT
6,300.00
6,300.00
13
CONCRETE IRRIGATION DIVERSION
500.00
500.00
14
3' UTILITY TRENCH
23,512.50
23,512.50
15
ELECTRIC SPLICE VAULTS
500.00
500.00
16
ELECTRIC TRANSFORMER VAULTS
3,000.00
3,000.00
17
ELECTRICAL BY UTILITY PROVIDER
29,600.00
29,600.00
18
TELEPHONE BY UTILITY PROVIDER
12,000.00
0.00
19
TOP SOIL PLACEMENT
2,000.00
1,800.00
20
REVEGITATION
2,500.00
250.00
SUBTOTAL
252,193.50
219,758.50
CONTINGENCY 10%
25,219.00
21,976.00
TOTAL
277,412.50
241,734.50
•
1/frft711) At.
'1111111 MO"
NOTE: This opinion of probable construction cost was prepared for budgeting purposes only. Sopris Engineering, LLC cannot be held
responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations.
August 1, 2003
Mark Bean
Garfield County Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Mayfly Bend Ranch
SE Job No. 20065.01
Dear Mark:
This letter is written to formally notify the County of the work completed for Mayfly Bend Ranch. On
behalf of the owner we request that the letter of credit be reduced to a total amount of 535,678.00.
RECEIVED
AUG 11 2003
GARF IELD COUNTY
BUILDING & PLANNING
Based on periodic observation and testing, the construction has been completed in accordance with the
intent of the plans and specifications that were reviewed and approved by the County. The improvements
were constructed in compliance with the Subdivision Improvement Agreement. Attached is the original
cost estimate and work completed schedule.
Engineers Cost Estimate
Work Completed
$277,412.50
- $241,734.50
$ 35,678.00
If you have any questions or need additional information please give me a call.
Sincerely,
SOPRIS E1, ., EERING, LLC00/
a>>: `, 4 is ol, P.E.
Primy
f Wikb ONO& t$
14
cc: George Kilby
502 Main Street ° Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
November 21, 2011
Mr. Fred Jarman
Director of Building and Planning
Garfield County
108 8th St., Ste. 401
Glenwood Springs, CO. 81601
Re: Mayfly Bend Ranch Revegetation Security Release
Sopris Engineering Job #21064
Dear Mr. Jarman,
5 .1
This letter is written to formally notify Garfield County of the completion of the required revegetation that
was a result of building Roads 'A', 'B' and 'C', a.k.a. Ponderosa Pine, Silver Spruce and Weeping Willow,
in the Mayfly Ranch Subdivision.
Based upon a site visit November 16, 2011 the revegetation was completed in accordance with the intent
of the plans and specifications that were reviewed and approved by Garfield County and outlined in the
Subdivision Improvement Agreement dated September 9, 2002. Therefore, I request on behalf of the
owner, that the funds held by Garfield County for security of the revegetation improvements be released to
Mr. Kilby.
If you haveDany questions or need additional information, please call.
6
//4/7,?0*-.
Yancy Nichol, P.E.
Principle
Sopris Engineering
Cc Thomas Kilby
Steve Anthony
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
4
MEMORANDUM
To: Board of County Commissioners
Froin: Steve Anthony, Garfield County Vegetation Management
Re: Consideration of Revegetation Security Release -
Mayfly Bend Ranch Subdivision
BOCC Meeting Date: December 5, 2011
Attachments: Written request for security release -Mayfly Bend Ranch Subdivision/
Yancy Nichol, Sopris Engineering
Acknowledgement of Satisfaction and Direction to Treasurer for
Revegetation Security Release
Subdvision Improvements Agreement from 2002
Mayfly Bend Ranch Subdivsion, through Yancy Nichol, Sopris Engineering, has requested release of the
revegetation security for the work done per the 2002 Subdivision Improvements Agreement.
Mayfly Bend Ranch is located approximately 1/2 mile east of Carbondale, north of County Road 100.
County staff inspected the site on November 28, 2011. The revegetation work has been successful.
The original security amount was $2500. The current amount as of November 30, 2011, with accrued
interest, is $2,997.82.
Staff recommends release of the revegetation security in the amount of $2,997.82.
November 21, 2011
Mr. Fred Jarman
Director of Building and Planning
Garfield County
108 8th St., Ste. 401
Glenwood Springs, CO. 81601
Re: Mayfly Bend Ranch Revegetation Security. Release
Sopris Engineering Job #21064
Dear Mr. Jarman,
This letter is written to formally notify Garfield County of the completion of the required revegetation that
was a result of building Roads 'A', 'B' and 'C', a.k.a. Ponderosa Pine, Silver Spruce and Weeping Willow,
in the Mayfly Ranch Subdivision.
Based upon a site visit November 16, 2011 the revegetation was completed in accordance with the intent
of the plans and specifications that were reviewed and approved by Garfield County and outlined in the
Subdivision Improvement Agreement dated September 9, 2002. Therefore, I request on behalf of the
owner, that the funds held by Garfield County for security of the revegetation improvements be released to
Mr. Kilby.
If you Alive a any questions or need additional information, please call.
y v�
Cc Thomas Kilby
Steve Anthony
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
SUBDIVISION IMPROVEMENTS AGREEMENT
Recitals
1. George R. Kilby and Farley S. Kilby, entered into a 2002 Garfield County
Subdivision Improvements Agreement with the Board of County Commissioners of Garfield
County, Colorado ("BOCC") dated September 24, 2002 and recorded as Reception Number
611168 of the Real Estate Records of the Garfield County Clerk and Recorder ( "Subdivision
Improvements Agreement").
2. Mayfly Bend Ranch Subdivision . through Thomas Kilby
has presented certification to the BOCC from a licensed engineer that construction of
Improvements is final and/or written approval from the Garfield County Vegetation Manager that
revegetation is successful and in accordance with the Subdivision Improvements Agreement
between the BOCC and George R. Kilby and Farley S. Kilby, recorded as Reception Number
611168 ("SIA").
Acknowledgement
NOW THEREFORE, at the request of Mayfly Bend Ranch Subdivision
and in consideration of the premises and the prior agreements contained in the Deposit
Agreement and the SIA, the BOCC hereby:
1. acknowledges full satisfaction of the security requirements of the SIA;
2. authorizes disbursement of funds from the Mayfly Bend Ranch Treasurer's Account in
the amount of $ 2997.82 , resulting in a remaining balance of $ -0- ;
3. authorizes and directs the Treasurer to release the funds held in the
Treasurer's Account to George R. Kilby an authorized representative of Mayfly Bend Ranch
Subdivision.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
Clerk to the Board
By:
Date:
John Martin, Chairman
My Files/PLAN/2009 FORMS/2009 TDA ACKNOWLEDGMENT OF Satisfaction
Updated - 03/09
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