HomeMy WebLinkAbout1.0 BOCC Staff Report 07.20.2009Exhibits for a Public Meeting held on July 20, 2009 — (Pioneer Glen Subdivision —
Specialty Restaurants — SIA Extension)
Exhibit
Letter
(A to Z)
Exhibit
A
Staff Memorandum
B
Letter from John D. Tallichet of Specialty Restaurants dated June 16, 2009
C
First Amendment to Pioneer Glen Subdivision SIA to be signed by Chairman of
Board should amendment be approved
D
Amendment to Standby Letter of Credit dated July 6, 2009
E
Subdivision Improvements Agreement for Pioneer Glen Subdivision
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT
REPRESENTATIVE
1 -year extension to the Subdivision
Improvement Agreement (SIA) for Pioneer
Glen Subdivision
Specialty Restaurants Corporation
Yvonne Bryant, bhh Partners
I. BACKGROUND
As you will recall, on July 21st, 2008, the Board signed the Final Plat and SIA for the
Pioneer Glen Subdivision which generally consists of subdividing the 33.8 -acre
property located just west of Battlement Mesa on CR 300 into six residential lots and
one open space tract. This action by the Board is memorialized in Resolutions 2008-
66 which has been recorded in the Office of the Clerk and Recorder.
II. REQUEST
The Applicant submitted a letter on June 22, 2009 requesting that the SIA completion
date be extended for one additional year to July 21, 2010 (Exhibit B). The SIA
requires that all improvements aside from revegetation be completed within 1 -year of
the execution date of the SIA (Exhibit E). As the SIA was executed on July 21, 2008,
all improvements are to be completed by July 21, 2009. The SIA allows for an
extension of the completion date at the sole discretion of the Board and further
requires that the amendment be memorialized in writing. The Applicant has provided
a signed and notarized form, which is acceptable to County Planning and Legal Staff
and is ready to be signed by the Chairman of the Board and Clerk to the Board at the
next regularly scheduled Board meeting should this amendment be approved (Exhibit
C). In addition, the Applicant has extended the Letter of Credit (LOC) to January 28,
2011, which is greater than the required 6 -months past the proposed extended
completion date of July 21, 2010 (Exhibit D).
III. STAFF RECOMMENDATION
Staff finds the request for an extension was properly filed with the County. Therefore,
Staff recommends the Board grant a 1 -year extension to the completion date of the
SIA for Pioneer Glen Subdivision to July 21st, 2010.
1
SPECIALTY RESTAURANTS CORPORATION
Garfield County
Building & Planning Department
108 8th Strect, Suite 201
Glenwood Springs, CO 81601
RECEIVED
June 16, 2009
JUN 2 2 7009
GARFIE COUNTY
BUILDING 6 PLANNING
Re: "Pioneer Glen" Subdivision, Parachute, Colorado
(Also known as: Parcel 1 of the Lynch Chanes Property 35 acre Exemption Plat)
Owner: Specialty Restaurants Corporation
Dear Garfield County:
We request an extension of time in which to start and finish the infrastructure at our "Pioneer
Glen" subdivision. We would prefer a 1 -year extension to allow sufficient time in order to get past
the winter months for completion of construction, but we would accept a 6 -month extension. With
the economy being extremely depressed and the real estate market virtually at a standstill, we have
not entered into any agreements with contractors to install the infrastructure for this subdivision.
We anticipate that the local economy and real estate market will begin to improve this
summer and we plan to start infrastructure installation in the late summer or early fall.
Our SIA Agreement with Garfield County was signed and dated July 21, 2008 (reception
#753017). Our requested 1 -year extension will continue the completion date to July 21, 2010 (a 6 -
month extension would continue to January 21, 2010).
Our Line of Credit (LOC) will be extended, and proof of extension of the LOC, shall be
supplied to Garfield County. We will extend the LOC to January 28, 2011.
Thank you for your anticipated approval of this request.
Very truly yours,
hn D. Tallichet
Chairman of the Board
Specialty Restaurants Corporation
8191 East Kaiser Boulevard, Anaheim, CA 92808
Telephone (714) 279-6100 FAX (714) 998-7574 (Executive) FAX (714) 998-4861 (Legal/Finance) FAX (714) 998-4962 (Accounting & Others)
FAX (714) 998-8496 (Purchasing) FAX (714) 998-7609 (Construction)
FIRST AMENDMENT
TO PIONEER GLEN SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT
THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENTS
AGREEMENT, is made and entered into this day of June, 2009, by and between
Specialty Restaurants Corporation ("Owner") and the Board of County Commissioners for
Garfield County, Colorado ("Board").
Recitals
1. On the 21st day of July, 2008, Owner and the Board executed, pursuant to the
requirements and provisions of Section 5 of the Subdivision Regulations of Garfield County,
Colorado of 1984, as amended, a Subdivision Improvements Agreement ("SIA") securing to the
satisfaction of the Board the completion of construction of all subdivision improvements for the
Pioneer Glen Subdivision. A copy of the SIA executed on this date was recorded in the records
of the Clerk and Recorder for Garfield County, Colorado as Reception No.753017, the terms and
conditions of which are incorporated by this reference.
2. Subsequent to the execution of the SIA, Owner encountered conditions beyond its
reasonable control, to wit: the local economic conditions turned extremely depressed and the real
estate market came to a virtual standstill.
3. As hereinafter set forth, Owner and the Board have agreed to amend the SIA to extend
the completion date of the subdivision infrastructure improvements.
NOW THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the Board agree as follows:
1. The time period for the completion by Owner of all remaining subdivision improvements
shall be extended to , 2010.
2. The Letter of Credit shall be extended to a date six months from the extended completion
date established herein.
3. All remaining provisions of the SIA, not modified herein or otherwise affected by this
First Amendment to Subdivision Improvements Agreement, shall remain in full force and effect.
L:\capital\GLENWOOD2.50616 SIA Amendment.doc
ENTERED INTO the day and year first above written.
Owner: SPECIALT STAURANTS CORPORATION
By:
State of Ca' • is
County of Orange
John D. Tallichet
)SS
The forgoing instrument was acknowledged before me this /4 day of G,
2011'by Ti fFN TALL I c ke , Authorized signatory for Owner, 5f6 -c/4/.. -rt( j} uj4,zrr-5
WITNESS MY HAND AND SEAL
.1110.
Notary Pus is
My Commission Expires: 3 -o2-1.--70
BOARD OF COUNTY COMMISSIONERS
FOR GARFIELD COUNTY, COLORADO
By
Chairman Date
LYNETiE W, KEL�u�Ji
Commission # 1653359
Notary Public - California t.
Orange County
My Comm. Expires Mar 21, 2010
ATTEST
Clerk to the Board
L:\capital\GLENWOOD.50616 SIA Amendment.doc
BANKMEWEST'
DATE: JULY 06, 2009
AMENDMENT TO STANDBY LETTER OF CREDIT
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY ("BOCC")
108 8TH STREET, SUITE 213
GLENWOOD SPRINGS, CO 81601
IN ALL CORRESPONDENCE PLEASE QUOTE OUR CREDIT REFERENCE NUMBER.
STANDBY LIC NO.:
AMENDMENT REF. NO.:
ISSUED DATE:
MB60512959
AMD001
7/9/2008
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY ("BOCC")
108 8TH STREET, SUITE 213
GLENWOOD SPRINGS, CO 81601
BANK OF THE WEST
GLOBAL TRADE SERVICES
1977 SATURN STREET, SC-MPK-02-G
MONTEREY PARK, CA 91755
SWIFT: BWSTUS66LAX
EXHIBIT
71
APPLICANT:
SPECIALTY RESTAURANTS CORPORATION
8191 E. KAISER BOULEVARD,
ANAHEIM, CA 92808
USA
THE ABOVE STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS:
NEW EXPIRY DATE: JANUARY 28, 2011
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS IS THE OPERATIVE INSTRUMENT WHICH FORMS
AN INTEGRAL PART OF STANDBY LETTER OF CREDIT NO. MB60512959 AND IS TO BE ATTACHED THERETO.
AUTHORIZED SIGNATURE
GLOBAL TRADE SERVICES
TEAM NO 02
AUTHORIZED SIGNATURE
GLOBAL TRADE SERVICES
TEAM NO 02
M860512959 Page 1 of 1 SIAMDMM1-1
075-40022 (08/02)
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PIONEER GLEN SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS Pioneer Glen Subdivision, formerly known as Parcel I of the Lynch & Chanes Property
35 acre Exemption Plat, ("Subdivision") SUBDIVISION IMPROVEMENTS AGREEMENT
("SIA") is made and entered into this 21 day of c) , 200 8, by and between
Specialty Restaurants Corporation ("Owner") and the BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as
a body politic and corporate, directly or through its authorized representatives and agents ("BOCC").
WHEREAS, Owner is the owner and developer of the Subdivision, which property is
depicted on the Final Plat of Pioneer Glen Subdivision ("Final Plat" or "Final Plat of the
Subdivision"); and
WHEREAS, on the 7th day of January, 2008, the BOCC, by Resolution No. 2008-66,
approved a preliminary plan for the Subdivision which, among other things, would create six (6)
single-family residential lots and one (1) open space/common area parcel ("Preliminary Plan
Approval"); and
WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC for the
Subdivision as required by the laws of the State of Colorado, Owner wishes to enter into this SIA
with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to the
BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain
restrictions and conditions regarding the sale of properties and issuance of building permits and
certificates of occupancy, all as more fully set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the BOCC and Owner ("Parties") agree as follows:
D
9
EXHIBIT
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1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat
of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the
Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision
regulations and any other governmental or quasi -governmental regulations applicable to the
Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in accordance with this SIA
and at the time prescribed herein.
2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner shall cause to be
constructed and installed the subdivision improvements identified in the Exhibits defined in
subparagraph 2.a.i, below ("Subdivision Improvements") at Owner's expense, including
payment of fees required by Garfield County and/or other governmental and quasi -
governmental entities with jurisdiction. The Subdivision Improvements, except for
revegetation, and including off-site improvements, shall be completed on or before the end
of the first full year following execution of this SIA ("Completion Date"), in substantial
compliance with the following:
i. Plans marked "Approved for Construction" for all Subdivision
Improvements, including off-site improvements, prepared by Boundaries Unlimited
Inc. and submitted to the BOCC on February 27, 2008, such plans being summarized
in the list of drawings attached to and made a part of this SIA by reference as Exhibit
"A"; the estimate of cost of completion, certified by and bearing the stamp of Owner's
professional engineer licensed in the State of Colorado ("Owner's Engineer"),
attached to and made a part of this SIA by reference as Exhibit "B"; and all other
documentation required to be submitted along with the Final Plat under pertinent
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RFIELD COUNTY CO
sections of the Garfield County subdivision and zoning regulations ("Final Plat
Documents").
ii. All requirements of the Preliminary Plan Approval.
iii. All laws, regulations, orders, resolutions and requirements of Garfield
County and all special districts and any other governmental entity or quasi-
governmental authority(ies) with jurisdiction.
iv. The provisions of this SIA.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that
if all Subdivision Improvements are constructed and installed in accordance with this
paragraph 2; the record drawings to be submitted upon completion of the Subdivision
Improvements, as detailed in paragraph 3(c), below; and all other requirements of this SIA,
then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary
Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision
regulations, with respect to the installation of Subdivision Improvements, including off-site
improvements and revegetation.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE-
VEGETATION).
a. Subdivision Improvements Letter Of Credit and Substitute Collateral. As
security for Owner's obligation to complete the Subdivision Improvements other than
revegetation, and including off-site improvements, Owner shall deliver to the BOCC, on or
before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form
agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference
as Exhibit "C" ("LOC"). The LOC shall be in the amount of four-hundred forty-one thousand
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two hundred fifty-nine dollars and fifly cents $441,259.50, representing the full estimated cost
of completing the Subdivision Improvements, including off-site improvements and
revegetation, with a sufficient contingency to cover cost changes, unforseen costs and other
variables (not less than IO% of the estimated cost and as approved by the BOCC), as set forth
and certified by Owner's Engineer on Exhibit "B", to guarantee completion of the Subdivision
Improvements. The LOC shall be valid for a minimum of six (6) months beyond the
Completion Date for the Subdivision Improvements set forth in Paragraph 2.a., above. The
BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter
of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of
the Subdivision Improvements subject of this Paragraph 3.a.
b. LOC Requirements and Plat Recording. The LOC required by this SIA shall
be issued by a state or national banking institution acceptable to the BOCC. If the institution
issuing the LOC is not licensed in the State of Colorado and transacting business within the
State of Colorado, the LOC shall be "confirmed" within the meaning of the Uniform
Commercial Code, Letters of Credit, ' 4-5-101, et seq., C.R.S., as amended, by a bank that
is licensed to do business in the State of Colorado, doing business in Colorado, and
acceptable to the BOCC. The LOC shall state that presentation of drafts drawn under the
LOC shall be at an office of the issuer or confirmer located in the State of Colorado. The
Final Plat of the Subdivision shall not be recorded until the security, described in this
paragraph 3 and the security for revegetation described in paragraph 4, below has been
received and approved by the BOCC.
c. Extension of LOC Expiration Date. If the Completion Date, identified in
paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for
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the validity of the LOC shall be similarly extended by the Owner. For each six (6) month
extension, at the sole option of the BOCC, the face amount of the LOC shall be subject to re-
certification by Owner's Engineer of the cost of completion and review by the BOCC.
d. Unenforceable LOC. Should the LOC become void or unenforceable for any
reason, including bankruptcy of the Owner or the financial institution issuing or confirming
the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion
of the Subdivision Improvements, this SIA shall become void and of no force and effect and
the Final Plat shall be vacated pursuant to the terms of this SIA.
e. Partial Releases of Security. Owner may request partial releases of the LOC,
and shall do so by means of submission to the Building and Planning Department of a written
request for partial release of 1,OC, accompanied by the Owner's Engineer's stamped
certificate of partial completion of improvements. The Owner's Engineer's seal shall certify
that the Subdivision Improvements have been constructed in accordance with the
requirements of this SIA, including all Final Plat Documents and the Preliminary Plan
Approval. Owner may also request release for a portion of the security upon proof that I)
Owner has a valid contract with a public utility company regulated by the Colorado Public
Utilities Commission obligating such company to install certain utility lines; and 2) Owner has
paid to the utility company the cost of installation as required by the contract. The BOCC
shall authorize successive releases of portions of the face amount of the LOC as portions of
the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the
BOCC by the Owner's Engineer and said certification is approved by the BOCC.
f BOCC's Investigation. Notwithstanding the foregoing, upon submission of
the Owner's written request for partial release of LOC, along with Owner's Engineer's
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certificate of partial completion of improvements, the BOCC may review the certification and
may inspect and review the Subdivision Improvements certified as complete to determine
whether or not they have been constructed in compliance with relevant specifications, as
follows:
i. If no letter of potential deficiency is furnished to Owner by the BOCC
within fifteen (15) business days of submission of Owner's written request for partial
release of LOC, accompanied by Owner's Engineer's certificate of partial completion
of improvements, all Subdivision improvements certified as complete shall be deemed
approved by the BOCC, and the BOCC shall authorize release of the appropriate
amount of security.
ii. If the BOCC chooses to inspect and determines that all or a portion
of the Subdivision Improvements certified as complete are not in compliance with the
relevant specifications, the BOCC shall fiirnish a letter of potential deficiency to the
Owner, within fifteen (15) business days of submission of Owner's written request for
partial release of LOC, accompanied by Owner's Engineer's certificate of partial
completion of improvements.
iii. If a letter of potential deficiency is issued identifying a portion of the
certified Subdivision Improvements as potentially deficient, then all Subdivision
Improvements not identified as potentially deficient shall be deemed approved by the
BOCC, and the BOCC shall authorize release of the amount of security related to the
Subdivision Improvements certified as complete and not identified as potentially
deficient.
iv. With respect to Subdivision Improvements identified as potentially
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deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from
the date of the letter to complete the initial investigation, begun under subparagraph
3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner.
v. if the BOCC finds that the Subdivision Improvements are complete,
in compliance with the relevant specifications, then the appropriate amount of security
shall be authorized for release within ten (10) business days after completion of such
investigation.
g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds,
within the thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the
Subdivision Improvements are not complete, or if the BOCC determines that the Owner will
not or cannot construct any or all of the Subdivision Improvements, whether or not Owner
has submitted a written request for release of LOC, the BOCC may withdraw and employ
from the LOC such funds as may be necessary to construct the Subdivision Improvements in
accordance with the specifications, up to the face amount or remaining face amount of the
LOC. In such event, the BOCC shall make a written finding regarding Owner's failure to
comply with this SIA prior to requesting payment from the LOC. In lieu of or in addition to
drawing on the LOC, the BOCC may bring an action for injunctive relief or damages for the
Owner's failure to adhere to the provisions of this S1A regarding Subdivision Improvements.
The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies)
prior to requesting payment from the LOC or filing a civil action.
h. Final Release of Security. Upon completion of all Subdivision Improvements,
other than revegetation, and including off-site improvements, Owner shall submit to the
BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp
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of Owner's Engineer certifying that all Subdivision Improvements including off-site
improvements, have been constructed in accordance with the requirements of this SIA,
including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital
format acceptable to the BOCC; 2) copies of instruments conveying real property and other
interests which Owner is obligated to convey to the Homeowner's Association of the
Subdivision at the time of Final Plat Approval, and 3) a written request for final release of
LOC, along with Owner's Engineer's stamp and certificate of final completion of
improvements.
i. The BOCC shall authorize a final release of the LOC after the
Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer
and said final certification is approved by the BOCC. if the BOCC finds that the
Subdivision Improvements are complete, in accordance with the relevant
specifications, the BOCC shall authorize release of the final amount of security, within
ten (10) business days following submission of the Owner's written request for final
release of LOC accompanied by the other documents required by this paragraph 3.h.
Notwithstanding the foregoing, upon Owner's written request for final
release of LOC, accompanied by Owner's Engineer's certificate of final completion
of improvements, the BOCC may inspect and review the Subdivision Improvements
certified as complete. If the BOCC does so review and inspect, the process contained
in paragraph 3.f., above, shall be followed.
iii. If the BOCC finds that the Subdivision Improvements are complete,
in accordance with the relevant specifications, the BOCC shall authorize final release
of security within ten (10) days after completion of such investigation.
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iv. If the BOCC finds that the Subdivision Improvements are not
complete, in accordance with the relevant specifications, the BOCC may complete
remaining Subdivision Improvements, or institute court action in accordance with the
process outlined in paragraph 3.g., above.
4. SECURITY FOR REVEGETATION.
a. Revegetation LOC and Substitute Collateral. Eighteen thousand seven
hundred dollars $18,700 of the face amount of the LOC, specified in Paragraph 3a above,
shall be allocated to revegetation of disturbed areas within the Subdivision ("Revegetation
LOC"), the cost for which is detailed as a subdivision improvement in Exhibit B. The
Revegetation LOC shall be valid for a minimum of two (2) years following recording of the
Final Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other
than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the
completion of revegetation.
b. Revegetation LOC General Provisions. The provisions of paragraphs 3.b.,
3.c. and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates,
increase in face amounts, plat recording and plat vacating shall apply to the Revegetation
LOC.
c. Revegetation Review and Notice of Deficiency. Upon establishment of
revegetation, the Owner shall request review of the revegetation work by the Garfield County
Vegetation Management Department, by telephone or in writing. Such review shall be for
the purpose of verification of success of revegetation and reclamation in accordance with the
Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and
recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572,
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in Book 1251, at Page 566, as amended, and the revegetation/reclamation plan for the
Subdivision submitted as part of the Final Plat Documents. If the Vegetation Management
Department refuses approval and provides written notice of deficiency(ies), the Owner shall
cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation
Management Department, as such efforts may be instituted within the two (2) years following
recording of the Final Plat.
d. Single Request for Release of Revegetation LOC. Following receipt of
written approval of the Vegetation Management Department, the Owner may request release
of the Revegetation LOC and shall do so by means of submission to the BOCC, through the
Building and Planning Department, of a written request for release of Revegetation LOC,
along with certification of completion by the Owner, or Owner's agent with knowledge, and
a copy of the written approval of the Vegetation Management Department. It is specifically
understood by the parties that the Revegetation LOC is not subject to successive partial
releases, as authorized in paragraph 3.e., above. Further, the Revegetation LOC and the
BOCC's associated rights to withdraw funds and bring a court action may survive final
release of the LOC securing other Subdivision Improvements, defined in paragraph 3.a.,
above.
e. BOCC's Completion of Revegetation and Other Remedies. If Owner's
revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the
BOCC upon the recommendation of the Vegetation Management Department, or if the
BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in
its discretion, may withdraw and employ from the Revegetation LOC such funds as may be
necessary to carry out the revegetation work, up to the face amount of the Revegetation
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LOC. In lieu of or in addition to drawing on the Revegetation LOC, the BOCC may bring
an action for injunctive relief or damages for the Owner's failure to adhere to the provisions
of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to
cure any identified deficiency prior to requesting payment from the Revegetation LOC or
filing a civil action.
5. WATER SUPPLY. As stated in paragraph 13, below, prior to issuance by the
BOCC of any certificates of occupancy for residences or other habitable structures constructed
within the Subdivision, Owner shall install, connect and make operable a water supply and distribution
system for potable water, fire protection, and non -potable irrigation water in accordance with
approved plans and specifications. All easements and rights-of-way necessary for installation,
operation, service and maintenance of such water supply and distribution system(s) shall be as shown
on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed
originals of the instruments of conveyance for easements appurtenant to the water system(s), for
recordation following recording of the Final Plat and this S1A. AU facilities and equipment contained
within the water supply system(s) for the fire protection and non -potable irrigation water supply shall
be transferred by Owner to the Homeowner's Association of the Subdivision.
6. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner
to the public as pubic rights-of-way and shall be accepted by the BOCC, on behalf of the public, on
the face of the Final Plat. The Homeowner's Association of the Subdivision shall be solely
responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled
surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC
shall not be obligated to maintain any road rights-of-way within the Subdivision.
7. PUBLIC UTILITY RIGHTS--OF-WAY. Whether or not utility easements exist
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elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-way
for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner
to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right-of-
Way Use Regulations, recorded as Reception No. 643477, in Book 1548, at Page 918 and as
amended. The Homeowner's Association of the Subdivision shall be solely responsible for the
maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the
public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep
of any utility easement within the Subdivision. In the event a utility company, whether publicly or
privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by
separate document, Owner shall execute and record the required conveyance documents.
8. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified
on the Final Plat of the Subdivision shall be conveyed by Owner to the Homeowner's Association at
the time of Final Plat Approval. Owner shall deposit with the Garfield County Clerk and Recorder
executed original(s) of the instrument(s) of conveyance for recordation following recording of the
Final Plat and this SIA.
9. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend
the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision
Improvements including revegetation and any other agreement or obligation of Owner, related to
development of the Subdivision, required pursuant to this SIA. The Owner, however, does not
indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper
or the cause of the injury asserted, or from claims which may arise from the negligent acts or
omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC
of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of
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defending any such claim or action. Failure to notify and provide such written option to the Owner
shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed
to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case
law.
10. ROAD IMPACT FEE. Pursuant to the Ciarfield County subdivision regulations, a
Road Impact fee of fifteen thousand eight hundred forty-seven dollars and ninety-two cents
($15,847.92) has been established for the residential units within the Subdivision. Owner shall pay
fifty percent (50%), i.e., seven thousand nine hundred twenty-three dollars and ninety-six cents
($7,923.96) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of
recording of the Final Plat. The remaining 50%, i.e., seven thousand nine hundred twenty-three
dollars and ninety-six cents ($7,923.96), will be collected pro rata i.e. one thousand three hundred
twenty dollars and sixty-six cents ($1,320.66) from each lot owner at the time a building permit issues
for a residence within the Subdivision.
11, FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a
cash deposit in lieu of dedicating land to the Parachute 16 School District, calculated in accordance
with the Garfield County subdivision regulations and the requirements of state law. The Owner and
the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as
follows: for Parachute 16 School District, $200.00 per unit.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of
recording of the Final Plat, one thousand two hundred dollars ($1,200) as a payment in lieu of
dedication of land to the Parachute 16 School District. Said fee shall be transferred by the BOCC
to the school district in accordance with the provisions of 30-28-133, C.R.S., as amended, and the
Garfield County subdivision regulations_
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The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations,
and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The
Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of
the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the Parachute
16 School District.
12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk
and Recorder.
13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this STA, the BOCC may withhold issuance of building permits for any residence
or other habitable structure to be constructed within the Subdivision. Further, no building permit
shall be issued unless the Owner demonstrates to the satisfaction of the Grand Valley Fire Protection
District ("District"), if the Fire District has so required, that there is adequate water available to the
construction site for the District's purposes. No certificates of occupancy shall issue for any habitable
building or structure, including residences, within the Subdivision until all Subdivision Improvements,
except revegetation, have been completed and are operational as required by this SIA. Owner shall
provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially
the same form as that attached to and incorporated herein by reference as Exhibit "D", concerning
the restrictions upon issuance of building permits and certificates of occupancy detailed in this SIA.
14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the
terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots
for which building permits have not been issued. As to lots for which building permits have been
issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide
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the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any
portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC
and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or
portions thereof, by resolution.
15. ENFORCEMENT. In addition to any rights provided by Colorado statute; the
withholding of building permits and certificates of occupancy, provided for in paragraph 13, above;
the provisions for release of security, detailed in paragraph 3, above; and the provisions for plat
vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the
BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision
shall have the authority to bring an action in the Garfield County District Court to compel
enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to
bring an action for enforcement or to withhold permits or certificates or to withdraw unused security
or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this
SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC.
16. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the
Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and
parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and
other interested persons as to the terms and provisions of this SIA.
17. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall
be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC.
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18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The
representatives of the Owner and the BOCC, identified below, are authorized as contract
administrators and notice recipients. Notices required or permitted by this SIA shall be in writing
and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery
shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service,
or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner
at the address or facsimile number set forth below:
Owner: Specialty Restaurants Corporation
8191 East Kaiser Boulevard
Anaheim, CA 92808
Phone: 714-279-6100
Fax: 714-998-4861
BOCC:
w/copy to,
Rocky Mountain Realtors, Inc.
820 Castle Valley Blvd., #108
New Castle, CO. 81647
Phone: (970) 984-3720
Fax: (970) 984-3721
Board of County Commissioners
of Garfield County, Colorado
c/o Building & Planning Dir.
108 8Ih Street, Suite 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
19. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be
modified, but only in writing signed by the parties hereto, as their interests then appear. Any such
amendment, including, by way of example, extension of the Completion Date, substitution of the form
of security, or approval of a change in the identity of the security provider/issuer, shall be considered
by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity
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of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor
in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along
with the original security instrument. Notwithstanding the foregoing, the parties may change the
identification of notice recipients and contract administrators and the contact information provided
in paragraph 18, above, in accordance with the provisions of that paragraph and without formal
amendment of this SIA and without consideration at a BOCC meeting.
20. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one and the same
instrument.
21. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out
of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA
shall be construed according to the laws of the State of Colorado.
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IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date
of Final Plat Approval for the Subdivision.
ATTEST:
-A.
to the Board
BOARD OF C
OF GAR IE
By:
Chairman
Date:
OWN
Bv.
NTY COMMISSIONERS
UNTY, COLORADO
Jol/fi 1. 1, tic.4 T c, - 4inft4
ame and Title)
Date: 6 ' ( 7- Y/
STATE OF Caykltav )
0 )ss.
COUNTY OF Actor- )
Subscribed and sworn to before me by �y-,t. , an authorized
representative of SAE-ciRc_ryAG3r uRRmiS Owner of the Subdivision, this /7- day of
Tu av E , 200g_.
WITNESS my hand and official seal.
My commission expires: .3-a/ /D
LYNETTE M. KELLUM
Commission # 1653359
Notary Public - California t
Orange County
My Comm. Expires Mor 21, 2010
Nota ' Public
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