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HomeMy WebLinkAbout02.0 Binder 1 - Section 1• Letter of Application • • Spring Valley Holdings, LLC, October 15, 2007 Board of County Commissioners Garfield County, Colorado 109 Eighth Street Glenwood Springs, Colorado, 81601 Dear Commissioners, On behalf of Spring Valley Holdings, LLC, enclosed please find our Final Plat application for Phase 1 of Spring Valley Ranch PUD, which received Preliminary Plan and PUD approval from Garfield County on November 7, 2005. Spring Valley Holdings acquired its interest in the Spring Valley Ranch PUD by Special Warranty Deed dated November 18, 2005, and recorded in the records of the Garfield County Clerk and Recorder on November 21, 2005, in Book 1747 at Page 362 as Reception No. 686804. A copy of the deed and a recent title commitment is contained in Section 9 of Binder 1 of the application. As the owner of property affected by these applications, Spring Valley Holdings LLC hereby consents to this application. A copy of the Written Consent of the Manager of SVR Properties, LLC, as the manager of Spring Valley Holdings, LLC, is attached to this letter, together with certificates of good standing for Spring Valley Holdings LLC, issued by the states of Colorado and Delaware. Mr. Tom Gray is taking the lead in processing this application, and together with the members of the consultant team shown in the application, is authorized to represent Spring Valley Holdings, LLC in the processing of this application. We look forward to working with you and your staff in constructing a development that will be an asset to Garfield County. Sincerely, Daniel J. Goldberg Authorized Representative Spring Valley Holdings, LLC One California, Suite 2250, San Francisco, California 9411 I Tel 415.568.9530 Fax 415.568.9535 • Subdivision Application • • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Subdivision Application Form GENERAL INFORMATION Subdivision Name: Spring Valley Ranch FUD r Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat X Name of Property Owner: Spring Valley Holdings, LLC Address: One California, Suite 2250 Telephone: 415.568.9530 San Francisco City: State: California Zip Code: 94111 FAX: 415.568.9535 Name of Owner's Representative, if any (Attorney. Planner, etc): Torn Gray Address: One Rancho San Carlos Road Telephone: 831.620.6708 • City: Carmel State: California Zip Code: 93923 FAX: 831.626.8282 • Name of Engineer: Michael Gamba, P.E. & P.L.S., Gamba & Associates, Inc. Address: 113 Ninth Street, Suite 214, Pa Box 1458 • City: Glenwood Springs State: Colorado TE?lephone: 970.945.2:150 Zip Code: 81602 • Name of Surveyor: Michael Gamba, P.E. & P.L.S., Gamba & Associates, Inc. • Address: 113 Ninth Street, suite 214, PO Box 1458 City: Glenwood Springs FAX: 970-945-1410 Telephone: 970.945.2550 State: Colorado Zip Code: 81602 FAX: 970.945.1410 Y Name of Planner: Sean Morgan, Hart Howerton r Address: 311 Main Street, PO Box 483 Telephone: 435.655.8121 • City: Park City State: Utah _ Zip Code: 84060 _ FAX: 435.655.8124 • GENERAL Location of Property: Section Practical Location / Address INFORMATION continued... See Legal See Legal See Legal Description Township Description Range Description of Property: 4000 County Road 115, PO Box 1146 Glenwood Springs, Colorado 81602 Current Size of Property Number of Tracts / Lots Property Current Land Use 1. Property's Current 2. Comprehensive Plan Proposed Utility Service: ? Proposed Water Source: > (See "Attachment C" to be :- Proposed Method of Sewage Proposed Public Access Easements: Utility: Ditch: Total Development Area to be Subdivided (in Created within the Designation: Spring Zone District: Spring acres): 1854.67 Proposed Subdivision: Valley Ranch PUD Valley Ranch - Planned 79 _ Unit Development _ Map Designation: Central Water System provided N/A by Landis Creek Metropolitan District No. 1 completed with Preliminary PIan Application) Wastewater Treatment Facility - Disposal: spring Valley Sanitation District VIA: Garfield County Road 114 and Garfield County Road 115 See attached final plat See Application (fill in the appropriate boxes below): (1) Residential Units 1 Lots Size (Acres) Parking Provided Single -Family 50/50 92.16 acres on-site per Zone District Duplex Regulations (ZDR) Multi -Family Mobile Home Total Floor Area (sq. ft.) Size (Acres) Parking Provided (2) Commercial per Z.D.R. 21.71 acres on-site per Z.D.R. (3) Industrial0 sq. ft. 0 acres N/A (4) Public 1 Quasi -Public per Z.D.R. 15.07 acres on-site per Z.D.R. (5) Open Space / Common Area per Z.D.R. 1,684.41 acres on-site per Z.D.R. Total, Base Fee: Sketch PIan - $325.00; Prelim PIan - $675.00; Final Plat - $200 2 I. THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Pan Review Process, and 3) Final Plat Review Process, This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County, All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: http:ffwww.gafield-county.comfbuildinq and planningfindex.htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plan review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing Section 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the specific information required to be submitted to the Planning Department in order to satisfy the application requirements in addition to the information requested on this application form. 4. Process / Public Meeting The Sketch Plan review process is considered a 1 -step process because the application is reviewed only by the Planning Commission at a public meeting. In order to appear before the Planning Commission, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 15 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been 3 scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant. At the date and time set for the public meeting before the Planning Commission, Staff will present the findings in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commission. The comments provided to the Applicant by the Planning Department and the Planning Commission as a result of the Sketch Plan Process will be kept on file in the Planning Department for 1 -year from the meeting date before the Planning Commission. If an Applicant does not submit a Preliminary Pian application to the Planning Department within the 1 -year timeframe, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review of the many aspects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough review of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the major issues in the proposed subdivision by using the County's Zoning Resolution, Subdivision Regulations, Comprehensive Plan of 2000, as well as other state and local referral agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. 4 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Design and Improvement Standards in Section 9:00 of the Subdivision Regulations. In addition to the substantive submittal information related to the proposed subdivision • project itself, an applicant is required to complete all the public notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 — 4:31 of the Subdivision Regulations. • 4. Process / Public Hearings The Preliminary Plan review process is considered a 2 -step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. In order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the 5 • • applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission 1 BOCC containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant prior to the public hearings. As mentioned above, Staff makes a recommendation to the Planning Commission and the BOCC regarding the issues raised in the analysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Commission who is responsible for making a recommendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOCC during a regular public hearing. The BOCC will consider the recommendations from the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making entity regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. If the BOCC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Section 4:34 of the Subdivision Regulations.) Following the hearing, Staff will provide a resolution signed by the BOCC which memorializes the action taken by the Board with any / all conditions which will be recorded in the Clerk and Recorder's Office. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the County's Subdivision Process: Final Plat Review. C) Final Plat Review (Section 5:00 of the Subdivision Regulations) 1. Purpose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Plan review process have been met / addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will 6 sign the Final Plat and have it recorded memorializing the subdivision approval granted by the BOCC, This is the last step in the County's subdivision process. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review process addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form, all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1 -step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies all the required submittal information to the satisfaction of the Building and Planning Department. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore does not require public notice.) If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review and a signature. In the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant to have the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department 7 • and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-countv.comlbuildinq and planninglindex.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signatu e Pr Last Revised: 0712007 • Owner) 8 0OZ1s1v3- ate • Agreement for Payment • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. • 411 The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) ■ Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment ▪ Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 ■ Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 $11 — ISI page $10 each additional page • The following guidelines shall be used for the administration of the fee structure set forth above: I. AlI applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the iexecution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. • Page 3 • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and _ Spring Valley Holdings, LLC. (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Spring Valley Ranch - Phase 1 - Final Plat (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of Oonsulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: ip ( ID bct_ieN‘Q_A G\A Print Name Mailing Address: oma- C- _ 1 lc -b v ,,•: re. 2250 Sc�{,.n 1 F c oC. I SC -0 % C ci Lk \ •012004 Page 4 • Written Consent of the Manager • • • WRITTEN CONSENT OF THE MANAGER AND MEMBERS OF SVR HOLDINGS, LLC • • March 12, 2007 The undersigned CoastWood SVR MMPMT, LLC, a Delaware limited liability company ("Manager"), CoastWood SVR Equity, LLC, a Delaware limited liability company ("CoastWood Member"), and Spring Valley Ranch, LLC, a Nevada limited liability company ("Seligman") (together, the "Members") of SVR Holdings, LLC, a Delaware limited liability company, which is the manager of Spring Valley Holdings, LLC, a Delaware limited liability company (the "Company"), do by the execution of this Consent (this "Consent"), hereby consent to and approve in all respects the following resolutions: 1. Authority to Obtain Permits and Approval of Zoning and Development of Spring Vailey Ranch. WHEREAS, the Company wishes to initiate and submit to appropriate jurisdictions, certain applications, including filing, processing and implementing requests to obtain permits, and approval of the zoning, subdivision and development of the Spring Valley Ranch PUD, Garfield County, Colorado (together, the "Subdivision Development"); WHEREAS, the Manager and the Members do hereby: (i) deem it to be in the best interests of the Company to accomplish the Subdivision Development; (ii) ratify, confirm and approve any and all action to implement the Subdivision Development; and (iii) authorize the Company to enter into any documents and instruments as be reasonably required in connection with the transactions contemplated this Consent; RESOLVED, that the Manager and the Members do hereby in all respects authorize and direct the Company to implement applications to accomplish the Subdivision Development, and in connection therewith, (i) approve the Subdivision Development; (ii) authorize the Company to prepare applications and documents that may be reasonably required by any jurisdiction in connection with the Subdivision Development, and (iii) ratify, confirm and approve any such action deemed necessary or appropriate to consummate the transactions as set forth in this Consent. 2. Authorization of Officers. RESOLVED, that the Manager and each "Authorized Officer", including Cordell A. Lietz as President and Charles W. Humber as Vice President of the Company, is hereby authorized, empowered and directed to (i) execute and deliver for and on behalf of the Company, without the necessity of joinder or attestation by any other person (unless such joinder or attestation is required by law or otherwise): such documents and instruments as the Manager or Authorized Officer deems necessary or appropriate to permit the Company to accomplish the Subdivision Development, as contemplated herein and (ii) take any and all action as the Manager or Authorized Officer so acting deems necessary, with the execution and delivery of such documents and instruments, and the taking of such action to be conclusive evidence that the Manager or Authorized Officer did deem such execution and delivery, or such action to be necessary or appropriate; and Dallas 1227993_1 6903.9 1 RESOLVED FURTHER, that any action taken by the Manager, on its own behalf and on behalf of the Company, or by the Authorized Officers of the Company, prior to the date hereof, to carry out the intent and accomplish the purposes of the foregoing resolutions, is hereby approved, adopted, ratified and confirmed in all respects as the action of the Company. [Signatures on the Following Page] 2 Dallas 1227993_1 6903 9 • IN WITNESS WHEREOF, the undersigned do hereby execute this Consent to be 41, effective as of the date first above written. • IIDallas 1227993_1 6903.9 MANAGER: COASTWOOD SVR MMPMT, LLC, a Delaware limited liability company, By: Name: Title: l=�w�c�,zzc�l G3. tQf `j MEMBERS: COASTWQOD SVR EQUITY, LLC, a Delaware limited liability company, By: Name: Title: SPRING VALLEY RANCH, LLC, a Nevada limited liability company, By: Narne: r -w› Go ck\c J h Title: Amo r , -.cd, Si c 3 IN WITNESS WHEREOF, the undersigned do hereby execute this Consent to be effective as of the date first above written. MANAGER: COASTW000 SVR MMPMT, ILC, a Delaware limited liability company, By: Name: T1tie: MEMBERS: r e sn_ c el COASTVVOOD SVR EQUITY, LLC, a Delaware limited liability company, Name: & sic +A) t-1 Title: " u or ci 5i SPRING VALLEY RANCH, LLC, a Nevada limited liability company, By: Narne: P t c.1 -&t Title: 3 Pallas 1227993_1 OJO3.9 a�r�t-14,or z<co S ns.. th d 09SZCZOZE9 'Q /G 4 : 6Z '!S/Z 4: EZ LOOZ L iiVW (NOWT kiQd Certificate of Good Standing • • • • De[aware 'The First State PAGE 1 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "SPRING VALLEY HOLDINGS, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND I5 IN GOOD STANDING AND SAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF TEE EIGHTH DAY OF MARCH, A. D. 2007. AND I DO HEREBY FURTER CERTIFY THAT TEE SAID "SPRING VALLEY HOLDINGS, .LLC" WAS FORMED ON TEE TWELFTH DAY OF APRIL, A.D. 2005. AND I DO HEREBY FURTHER CERTIFY TEAT TEE A JNUAL TAXES RAVE BEEN PAID TO DATE. 3953719 8300 070298211 ,,,,{fr.. _ • f �,�,.,�-�-.u^'�e'�..---�v+.-ate Harriet Smith Windsor, Secretary of State AUTHENTICATION: 5492234 DATE: 03-08-07 • • • OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Spring Valley Holdings, LLC is an entity formed or registered under the law of Delaware has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 2005142I797 This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/06/2007 that have been posted, and by documents delivered to this office electronically through 03/08/2007 (t4 15:35:50 t have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado an 03/08/2007 g 15:35:50 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 6725593 Secretary of State of the State of Colorado End of Certificate &xice tr conincate Tinted ele.moill alfv from the Qolo aelo Secreteay ofSrae's Web Tae 4. felly and immediately wild and effective. However, as urn option, dna issuance and validity of a cersitaue obtained etecrnanicclly may be estabitched byWilting the Certificate Confirmation ?age of the Secretary of State's Web tire. fr 2r1ne a r ras. tore.so rrYbt-Cerrdfl e,Sear erra.d4 erxering the cerr/rate's confirmation ,amber displayed on the teritfume, and fallowing the insmK7ions diyfayed %JY +n)fheZR7 0Fa_cen(t lLLn'1NCrthlyaLaiml rs red necessary to tial valid and of eclive [srrmnce of a cenikote For more irformarion, runt our Weir site. hnp / eleir,sos.srare.ca.tri th B+rsinftu Ceauer and slim 'Fraquendy Asked Nerllorcc " CERT GS F Reviser} 0I4:Y2007 • Consent Letter • • • • Doreen Herriott P.D. Box 1146 4000 County Road 115 Glenwood Springs, CO 81602 October 15, 2007 James S. Lochhead Brownstein Hyatt & Farber, P.C. 818 Colorado Avenue, Suite 306 Glenwood Springs, CO 81602-0357 Re: Spring Valley Ranch PUD, Phase 1, Final Plat Dear Mr. Lochhead: 1 am the owner of an undivided 10% interest in Parcel 2 (Director's Parcel), a parcel of land within the Spring Valley Ranch PUD that was created for the purpose of qualifying electors of the Landis Creek Metropolitan Districts Nos. 1 and 2. I hereby consent to the Final Plat Application by Spring Valley Holdings, LLC for Phase 1 of the Spring Valley PUD. Very Truly Yours, Doreen Herriott