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SUBDIVISIONIMPRoVEMENTSAGREEMENT
PANORAMA RESERVE SUBDIVISION
THIS SUBDMSION IMPROVEMENTS AGREEMENT ("Agreement')^is rnade and
enteredffir#Ei"r'"r-fi"r";i ,, *?q%.!v. and between coRr LE\VIS'
an individual ("Ownet') and the BOARD OFTffiY COMMISSIONERS OF GARFIELD
COLINTY, COLORADO, acting for the Cornty of Carfield, State of Colorado' as a body politic
and corporate, directlfoi,l";;gi its authorized representatives and agents ("BOCC")'
WHEREAS,owneristheowneranddeveloperof!h{realpropertylgT*lwithin
Garfield County, Colorado approximately 5 miles nortireast of Catherine Store and Carbondale'
Colorado ("Panorama Reserve") ;
WHEREAS,atapublichearingheldDecembet4,2a06,theBOCC,byResolutionNo.
2W7-07 heretofore ,e"orded in the reiords of the Clerk and Recorder for Garfield County on
February 8,2007 as Reception No. 716952 upprou"d a Preliminary Plan for the subdivision of
Panorama Reserve which, inter alia, *ouli create 3 single-family lots ("Preliminary Plan
Approval");
WHEREAS, N & condition of approval of the Iinal Plat for the Panorama Reserve
(hereinafter the ..Subdivision.), submitted io the BocC for approval as required by the laws of
the State of Colorado, Owner wishes to enter t': *,: Agreement with the BOCC; and
WHEREAS,ownerhasagreedtoexecuteanddeliveraspecificformofcollateraltothe
BOCC to secure and guarante" d*o.r', p"rfor-*". under thii Agreement and has^agreed to
certain restrictions and conditions regardirrg the sale of propertiei and issuance of building
p"*ritr and certificaies of occupancy, uU
"s
ii more fully set forth hereinbelow'
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
l.FINALPLATAPPRoVAL.TheBOCCherebyacceptsandapprgygstheFinal
Plat of the Subdivision, on the date set fofu ubo,", subject t'o the terms and conditions of this
Agreemen! the Preliminary Plan Approval, the Zoning Approvals, and the requirements of the
Garfreld County zoning and subdivision regulations-anl.any other governmental or quasi-
governmental ."grrlutio; uppti""Ut"-to. the SlUdivision ("Finai Plut App'oval")' Recording of
the Final plat in the records of the Clerk and Recorder foi Carfield County, Colorado shall be in
accordancewiththisAgreementandatthetimeprescribedherein,
2. OWhIER'S PERFORMANCE. owner shall cause to be constructed and
installed, those subdivision improvements, identified in Subparagraph a' hereinbelow
(,.subdivision r-p-v"ments"), at his own e*p"n.", including puy-"nt of all fees required by the
County and/or other governmental and qr,Li-gou*--"ntai entities with jurisdiction' The
Subdivision Improvem-ents shall be completed-on oo before the end of the first full year
Subdivision Imprwements Agreement
P anor am a Res en' e Sub div is lo n
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SUBDIVISION IMPROVEMENTS AGREEMENT
PAhIORAMA RESER\rE SUBDIVISION
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is made and
entered into this L3* day of Aral w r | ,20O?, by and between CORT LEMS'
an individual 1..Ornn"i'; aoA th; BOm OF COLTNTY COMMISSIONERS OF GARFIELD
COUNTy, CO1OpAO6, 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 that real property lgcate{ within
Garfield County, Colorado approximately 5 miles northeast of Catherine Store and Carbondale,
Colorado ("Panorama Reserve");
WHEREAS, at a public hearing held December 4, 2006, the BOCC, by Resolution No.
2007-07 heretofore recorded in the reiords of the Clerk and Recorder for Garfield County on
February 8,2007 as Reception No. 716952 approved a Pretiminary Plan for the subdivision of
panorama Reserve which, inter alia, would create 3 single-family lots ("Preliminary Plan
Approval");
WHEREAS, as a condition of approval of the Final Plat for the Panorama Reserve
(hereinafter the "subdivision"), submiued to th9. p_OQC for approval as required by ttre laws of
the State of Colorado, Owner wishes to enter iniritfrilin'dreement 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 ani condition* ,"g*ding the sale of properties and issuance of building
permits and certificates of occupancy, all as is more frrlly set forth hereinbelow.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
l. FINAL PLAT APPROVAL. The BOCC hereby acc€pts and approves the Final
Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this
Agreement, the Preliminary Plan Approval, the Zoning Approvals, and the requirements of the
Garfreld Cognty zoning and suMivision regulations and any other governmental or quasi-
governmental rigulatiois applicable to the Subdivision ("Final Plat Approval"). Recording of
it. f i.ra Plat in the records of the Clerk and Recorder for Garfield County, Colorado shall be in
accordance with this Agreement and at the time prescribed herein.
Z. OWNER,S PERFORMAI\CE. Owner shall cause to be constructed and
installed, those subdivision improvements, identified in Subparagraph a. hereinbelow
("subdivision Improvements"), at fus own expcnse, including payment of all fees required by the
dounty and/or oth". gor"*-ental and quasi:goyernmental entities with jurisdiction' The
Subdivision Improvements shall be completed tini Ot before the end of the first full year
Subdivision Imprwements Agreemenl
P anor am a Ra en e Subdlv is I on
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following execution of this Agreement, i.e', &lq's+ /e 20!S
(completion date), in substantial compliance with the following:'
a. plans marked "Approved for Construction" for all Subdivision lmprovements for
the Subdivision, prepared by Red'Mountain Civil Engineering listed within Exhibit A, attached
hereto and made a part hereof; the estimated 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 Agreement by',reference as Exhibit B; and all other
documentation required to te submitted along with the Final Plat under pertinent sections of the
Garfield County subdirision and zoning regulations('Final Plat Documents");
All requirements of the Preliminary Plan Approval;
All laws, regulations, orders, resolutions and requirements of the
Colorado, Garfield County, and all special districts and any other governmental
govemmental authority(ies) with j urisdiction ; and
The provisions of this Agrcement.
Stbdiv ision Improvements A gr eem ent
P anor@rrq Res qv e Subdivis ion
State of
or quasi-
The BOCC agrees that if all the Subdivision Improvements are constructed and installed
in accordance with this Paragraph 2; the record &awings to be submitted upon completion of the
Subdivision Improvements is detaited in paragraph 3 (c), below; and all other requirements of
this Agreement, then the Owner shall be diemed to have satisfied all terms and conditions of the
prelim'lnary Plan Approval, the Final Plat Documents and the Garfield County zoning and
su$ivision regulations, with respect to the installation of Subdivision Improvements'
3. SECI.JRITY FOR IMPROVEMENTS.
a. Tfg..asr4rer's Deposit Agreement. As security for Owner's obligation to complete
the Subdivision Imp.orern*tr, Oo.". shall deliver to the BOCC, on or before the date of
recording of the Final Plat of the Subdivision with.the,Garfield County Clerk and Recorder, an
executed Treasurer's Deposit Agreement in'the foiln agreed to be acceptable to the BOCC,
hereto and made a part oithis Agreement Exhibit C ("mA'). The TDA shall reflect a deposit
by Owner with the bounty Treasurer in the amount of $55,770.00, representing the full estimated
cost of completing the Subdivision Improvements, including a sufficient contingency to cover
cost changes, *Id..r."r, costs and other variables (not less than l0% of the estimated costs and
u, upprorid by the BOCC), all as are as set forth and certified by Owner's Engineer on Exhibit
B.
b. Final Release of Securitv. Pursuant to the TDA, there shall be no Partial Releases
of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the
BOCC, ttrough-the Building and Planning Department l) record drawings bearing the stamp of
Owneris Engineer certiffing that all Subdivision Improvements have been constucted in
accordance ,ritfr tn requiiements of this Agreement, including all Final Plat Documents, and the
Preliminary Plan Approval, in hard copy and a digital format acceptable to the BOCC;2) copies
of instruments conveying the real property and other interests which Owner is obligated to
Page 2 of9
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convey to the Panorama Reserve Homeowners' Association or other entity by the terms of this
Agre#ent, the Final Plat Documents, or the Preliminary Plan Approval; *.d f) a Wrinen
RJquest foi finat Release of TDA, in the form attached to and incorporated herein as Exhibit D,
along with Owner's Engineer's Certificate of Final Completion of SuMivision Improvements'
The BOCC shall authori ze a frnal release of the TDA after the SuMivision
lmprovements 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 Improvementi
- are complete, in accordance with the relevant
specifications, the BOCC shall authorize release of the final amount of security
within ten (10) days following submission of the Owner's Written Request for
Final Release of LOC u"comp*i"d by the other documents required by this
paragraph 3(b).
Notwithstanding the foregoing, upon Owner's Written Request for Final RElease
of TDA accompanied by-Own"r'i Engineer's Certificate of Final Completion of
Subdivision Improvements, the BOCC may inspect and review the Improvements
certified as complete. If the BOCC does so review and inspect, the process
contained in paragraph 3(c) below shall be followed-
If the Bocc finds that the suMivision Improvements are complete, in
accordance with the relevant specifications, the BOCC shall authorize release of
the final amount of security within ten (10) days after completion of such
investigation. If necessary, lhe Bocc may complete remaining SuMivision
Improviments in accordance with process outlined in Paragraph 3(d)'
c. BOCC's lnvestigation. Notwithstanding the foregoing, upon submission of the
Owner's Written nequest for Final Release of TDA, along with Owner's Engineer's Certificate
of Final Completion bf Subdiuirion Improvements, the BOCC may review the certification and
may inspect
^and review the Subdivision Improvements certified as complete to determine
whether or not said Subdivision Improvements have been constructed in compliance with
relevant specifications, as follows:
If the BOCC chooses to inspect and determincs that all or a portion of the
Subdivision Improvements certified as complete are not in substantial compliance
with the relevant specifications, the BOCC shall fumish a letter of potential
deficiency to the O*net, within fifteen (15) days of submission of Owner's
Written Request for Final Release of TDA accompanied by Owner's Engineer's
Certificate of Final Completion of Subdivision Improvements'
With respect to Subdivision Improvements identified as potentially deficient in a
lefier of potential deficiency, the tsOCC shall have thirty (30) days from the date
of the letter to complete the initial invdstigation, begun under subparagraph 3.c.i.,
above, and provide written confirmation of the deficiency(ies) to the Owner'
Subdiv is ion Improv ements Agr ee ment
P snor am a Res erve Subdiv is ion
1.
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iii. If the BOCC finds that the SuMivision Improvements are complete, in
compliance with the relevant specifications, then the firll amount of security shall
be authorized for release within ten (10) days after completion of such
investigation.
d. BOCC Completion of Ifnprovements. If the BOCC finds, within the thirty (30)
day period of time, defined in subparagraph 3 (cXii) above, that the SuMivision Improvements
*i not complete or otherwise deficient, or if the BOCC determines that the Owner will not or
cannot constuct any or all of the Subdivision Improvements, whether or not Owner has
submitted a written request for release of TDA, the'BOCC may withdraw and employ from the
TDA such funds as may be necessary to construct the SuMivision Improvements in accordance
with the specifications, up to the face amount, or remaining face amount, of the TDA. In such
event, the BOCC shall make a written finding regarding Owner's faih:re to comply with this
Agreement prior to requesting payment from the TDA. In lieu of or in addition to drawing on
ttre TpR, the BOCC may bring an action for injunctive relief or damages for the Owner's failure
to adhere to the provisions of this Agreement. The BOCC shall provide the Owner a reasonable
time to cure any identified deficiency(ies) prior to requesting payment from the TDA or filing a
civil action.
e. Recording of Final PIat. The Final Plat of the SuMivision shall not be recorded
until the security described in this paragraph 3 has been received and approved by the BOCC.
4. WATER SUPPLY AND SEWAGE TREATMENT. Prior to issuance of any
certificates of occupancy by the BOCC for any residences or other habitable structures located
and constructed within the Subdivision, the owner thereof shall install and connect the same, in
accordance with the approved plans and specifications, to the facilities owned and maintained by
the Panorama Reserve Subdivision Property Owners Association (the "Association") providing
potable water, irrigation and fire protection flows. Each homeowner, prior !o construction
thereof, and shall submit to Garfield County Building and Planning Departnent plans for an
ISDS that have been completed and approved by a professional engineer licensed in Colorado.
All easements and rights-of-way necessary for installation, operation, service and maintenance of
such water supply and distribution system shalJ be'lhshown on the Final Plat, excepting those
service lines extending from the Lot line(s) to the individual structures. Conveyance of said
system(s), to the Association from the Owner, including all real and personal property interests,
shall be in accordance with Paragraph 6, below. Conveyance of inigation shares to the
Association shall be in accordance with the rules and bylaws of the Missouri Heights-Mountain
Meadows Irrigation Company.
5. PUBLIC ROADS. All roads within the SuMivision shall be dedicated to the
public as public rights-of-way. Road rights-of-way shall be dedicated by the Owner and
accepted by the BOCC, on behalf of the public, on the face of, and as shown on, the Final Plat.
The Association shall be solely responsible for the maintenance, repair and upkeep of said rights'
of-way, including the taveled surface of the roadways and portions of the rights-of-way outside
of the traveled surface to the end point as shown on the Final Plat. The BOCC shall not be
obligated to maintain any road rights-of-way within the Subdivision.
Subdivision lmprovements Agr eement
P anorama Res em e Subdiv is ion
I Urlt(, {Ut
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6, CONYEYAI\CE OF WATER SUPPLY SYSTEM. IN AdditiON tO AII
dedications contained within the Final Plat, all utility easements, facilities and equipment
associated with the water supply system contained within the Subdivision shall be conveyed by
quitctui* deed (real pr"p"rtyi"lra [iU of sale (personal property) by Owner 10 th: +ssl].iation at
the time of Final pfui'epp.ouur. Recordatiin of the died in the records of the Clerk and
Recorder for Garfield County, Colorado shall occur coincident with the filing of the Final Plat
and this Agreement.
7. puBLIC UTILITY RIGHTSTOF-WAY. Whether or not utility easements exist
elsewhere in the Su6ivision, all road rights-of-way within the SuMivision, whether public or
private, shall contain rights-of-way for iistallation and maintenance of utilities. Public utility
easements shall be dedi|ated by ttre Owner on the face of the Final Plat, subject to the Garfield
County Road and nigfrtJWa, Use Regulations, recorded as Reception No. 64347.7., in Book
154g, at page 918 ina * amended. The Association shall be solely responsible- for the
mainienance]repair a,rJupkeep of said public utility easements, unless otherwise ageed to with
the public .riitity "o*p*V(i"ri. the ebCC shall not be obligated for the maintenance, repair
*A^rrpkeep of any "titity .^"*ents within the Subdivision. In the event a utility company,
whether puUti"ty or p.inat"ty owned requires separate conveyance by deed or otherwise' Owner
shall also convey utility easements by separate dpcuments'
g. INDEMNITy. The Owner shall indemniff 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
Subd.ivision Improvements and any othei agreement or obligation of Owner related to
development ot-ttre SuUOivision as required pursuant to this Agreement' The Owner' however'
shall not be required to indemniff ttre BOCC for claims made asserting that the standards
imposed by the'3OCC are improper or the cause of the injury asserted, or from claims which
may arise from the negligent ult, ot omissions of the BOCC or its employees' The BO-CC shall
be required to notiff tfr'e 6*n.r of the BOCC's receipt of a notice of claim or a notioe of intent to
sue, and the BOCC shall afford the Owner the optlon of defending any such:luiT ol action'
Faiiure to notiff and provide such written option to the Owner shall extinguish the BOCC's
rights under thii paragraph. Nothing in this paragraph shall be construed to constitute a waiver
oith* Sorpr*ig" i--""ity griurted t; the BOCC by Colorado statutes and case law'
9. ROAD IMPACT FEE. Owner shall.'pay a Road Impact Fee in the amount of
$6,27892 to the Garfield County Treasurer, at or prior to the time of recording of the Final
Plat.
10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. OWNCT ShAII MAKC A
cash payment in lieu of dedicating land to the RE-l School Diskict, calculated in accordance
with the Garfield County subdivision regulations and the requirements of state law. In
accordance with the above regulations and reguirements the fee in lieu of dedication shall be
computed as follows:
Unimproved per acre market value of lan'd, based upon
approisal submilted to the BOCC by Owner as required in
Gar/ield County subdivision regulations : [$ I 4, 67 3' 9 I ; and
Subdit'iston I mprovements Agreement
P anorana Res eme Subdiv is ion
gn
lhe
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R.captlons: 730924gal15l2gO7 04:14:30 Plil J.an nlbsrioo6 of 23 Rec Fee:3@.OO Doc Fae:O.OO GARFIELD COUNTY C0
Land dedication standord, provided in the Garfield County
subdivision regulations: 3 single-family dwelling units x .020 acres
equals 0.06 acres; and
Total amount of cash in lieu psyment: 814,673.91 x 0'06 :
8880.431
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of
recording of the Final Plat, Eight Hundred Eighty Dollars and Forty-Three Cents ($880.43) as a
puy."niin lieu of dedication of land to the RE-l School District. Said fee shall be transferred
tf 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'
The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligation, and
waives *y .lui. that Owner is not required to pay the cash in lieu of land dedication fee. The
Owner ugi""r that Owner will not claim, nor is Owner entitled to claim, subsequent to recording
of the Final Plat of the SuMivision, a reimbursement of the fee in lieu of land dedication to the
RE-l School District.
11. COMPLIANCE WITII FIRE DISTRICT REQUIREMENTS. The
Subdivision is included in the Carbondale and Rural Fire Protection District ("Fire District").
The Owner shall comply with all nrles and regulations of the Fire Protection District, including
without limitation, the Owner shall:
a. include in the Covenants a requirement that all residential units
built in the Subdivision must have sprinkler systems'
b construct a water storage tenk that is 2000 gallons'
c. pay, prior to Final Plat Approval, an impact fee of one thousand
tfuee hundred eleven dollars and zero cents (S I ,3 I I '00),
representing $437 per residential urit, to the District, as agreed
upon by the District.
1 1. 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.
12. BUILDING PERMITS AND CERTIFICATES OF OCCUPAIYCY. As oNE
remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for
any residence or other habitable structure requiring a permit, to be constructed within the
Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the
satisfaction of the Fire District that there is adequate water available to the construction site for
the Fire Distict's purposes and all applicable District fees have been paid to the District.
Further, the panies agree that no certificates of occupancy shall issue for any buildings or
Subdivis ion I mprwements Agreemenl
P anor am a Res eme Subdiv is ion
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structures, including residences, within the Subdivision until all Subdivision Improvements
have been completed *a *" operational as required by this Agreemen! and until the Garfield
County Building and Planning Department. Owner shall provide the purchaser of a lot, prior to
,on "y*"" of ite lot, a rignJa copy of a form in substantially the same fomt as that attached to
and incorporated herein bir"fer"nce as Exhibit E, concerning the restrictions upon issuance of
building permits and certificates of occupancy detailed in this Agreement.
13. ENFORCEMENT. In addition to any rights which may be provided by
Colorado statute, the withholding of building permits and certificates of occupancy provided
for in paragraph'12 above, ard [e provisiois-for release of security, detailed in paragraph 3
above, it is-mltually agreed by the iIOCC and the Owner that the BOCC, without making an
election of remedies" oi*y purchaser of any lot within the Subdivision shall have the authority
to bring an action in ttri -Cam.ta
Couniy District Court to compel enforcement of this
Agreem-ent. Nothing in this Agreement, however, shall be interpreted to requr3 the BOCC to
bring an action for Jnforcemerit or to withhold permits or certificates or to withdraw and use
,""riity. Nor shall this paragraph or any other provision ofthis Agreement be interpreted to
permit the purchaser of a lot to file an action against the BOCC'
14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with
the terms of this Agreemen! 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
tuitOirrg permits have been issued, tt" ptut shall not be vacated and shall remain valid. In such
event, th; Owner shall provide ttre gtiCC a survey, legal description and a plat sho-n'ing the
location of any portion of ttre Final Plat so vacated and shall record the plat in the Office of &e
Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC
may vacate thi plat, or portions thereof, by Resolwion. It is specifically^agreed that this
paragraph 14 apflies to the SuMivision as a multi-phased project and, therefore, in the event
the BOCC vacates the Final Plat as to the Subdivision, subject of this Agreement, the BOCC
may also withhold approval of a final plat for a future phase if SuMivision Improvements
covered by this Agreement are not completely installed and operable.
15. NOTICE By RECORDATION. This Agreement 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. r,Such recording shall constitute notice to
prospective purchasers or other interested parties as to the terms and provisions thereof.
16, 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.
17. IDENTTFICATION OT CONTRAST ADMINISTRATORS AND NOTICE
pROVISIONS. All notices required or permitt6doby'this Agreement shall be in writing and
shall be deemed effective when riceived by the recipient party via personal or messenger service
delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt
requesied), in all cases addressed to the person for whom it is intended at the address or facsimile
number set forth below:
Subdiv is i on I mprovements A greem ent
P anor am a Res erve Subd iv is ion
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6-iri-25-nio-fei'$o.OO Ooc F..:O @0 GARFIELO COUNfY C0
The Representatives of the
representatives of the Parties
Agreement.
Subdivision lmprwements Agr eement
P anoram a Res erve Subd iv ision
18. AMENDMENT. This Agreement may be modified from time to time, but only
in writing signed by the parties hereto, ut=tt"i, interests then appear' The parties' however' may
,fr*gr ifr, -iO"ntiircation of notice recipients and contract administrators 'nd the contact
information, provided in p*ugtupt, 16 atove,. in acc6rdance with the notice provisions and
without formal amendment of this Agreement' i,r i;'* 'l lr'
19. COLINTERPARTS. This Agreem"rr, *u, be executed in counterparts, each of
which shall be 0""."J * original, and all oi which, whin taken together, shall be deemed one
and the same instrument.
20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to tfrit agtoment shall lie with the District Court of Garfield County' Colorado'
-a,ni, Agreement shall L construed according to the laws of the State of Colorado'
IN WITNESS WHEREOF, the parties have signed this Agreement to be effeetive upon
the date of Final Plat Approval for the Subdivision'
Cort Lewis
1075 SaxonY Drive
Higtrland Park, IL 60035
w/c oPY t o r ePre sent ativei
Mary Elizabeth Geiger
Caloiq HouPt &,Hamilton, P'C'
1204 Grand Ave.
Glenwood SPrings, CO 81601
Phone: (970) 945-6067
Fax: (970) 945-6292
Board of CountY Commissioners
of Garfield CountY, Colorado
c/o Fred Jarman, Planning Director
108 Eighth Street, Room 401
Glenwood SPrings, CO 81601
Phone: (970)945-8212
Fax: (970) 384-3470
Owner and the BOCC, identified above, are the authorized
f- frrpot"s of contact administration and notice under this
Page 8 of9
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ATTEST:
Q, ,n Ltl, -
ClStothe Board
STATE OF
fur, !- ('q^n
U Nooo Public
BOARD OF COUNTY COMMISSIONERS
5f[%B-r.g.B
i sEAr j
[ ]].......1" .rl$6iie,
Jan€ K' Klein
ru"r, PrUffc' Silate of lllltPb- CoLCottnty^w*rr@
couNrY or' &d'- )" l"Y'rTrw
subscribed and sworn to before me this 1:T- o, ,4 l'rt ' 4 ,zoo.,bv cort
Lewis, Owner of the Subdivision. U
WITNESS my hand and official seal.
SuMivis ion Improvements Agreement
P an or atn a Re;s e n e Su bdiv i s i o n
Page 9 of9
.:
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EXHIBIT A tO
SUBDIVISION IMPROVEMENTS AGREEMENT
PANORAMA RESERVE SUBDTVTSION
Subdivision lrnprovement Drawings
PreparedbyRedMountainCivil,Inc.Datedl2/13i05and
Marked "Approved for ConstructionD
onfitewithGarfieldCountyBuilding&PlanningDepartment
,:: .i" i:,:lil
:r t.].,
ffiivision overaU Site Plan
Panorama Reserve Subdivision Plan
Panorama Reserve Subdivision R Plan
Fanotumu Reserve Subdivision Water Tank Plan
Panorama Res"rve lubdivision Road G Plan
LEWIS-Exhibit A to SIA
j ,",. i
PANORATTARESERVE SUED,VISOIU IIIIT//,L DEIIELOPT*ENT COSTS
TOTAL ESTIMATED DEVELOPER COSTS
l\rn Morru-latr ( .rw: - lsc.
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I{3
14=
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2OO? GARFIEI.D COT'N:IY ERE.AIiT'RER' S DEPOSTI ACREEMENT
PA}IORAIIA RESER\TE ST'BDIVISION
Otrner: CORT IEI{IS, an individual
THIS 2OO7 GARFIELD COUNTY TREASURERS' S DEPOSIT AGREEMENT -
PANORAMA RESERVE SUBDIVISION IMPROVEMENTS ("DeposiL Agreement")
is entered into by and between the Garfield County Board of
County Commissioners ('BOCC'), the Garfield County Treasurer,
Georgia Chamberlain ("Treasur?x"), and CORT LEWIS, an indivj-dual
(t'Owner").
WHEREAS, the BOCC approved the Preliminary PIan Application
for Panorama Reserve Subdivision submitted to the BOCC by the
owner by means of Resofution No. 2OO1-01 ("Resolutj:on"), at.tached
hereto and incorporated herein as "Exhibit A"; and
WHEREAS, the BOCC and Owner entered into thau certain
Panorama Reserve Subdivision, Subdivision Improvement Agreement
("sIA,), a copy of which is attached hereto and incorporated
herein as "Exhibit 8",' and
WHEREAS, the SIA requires provision of sufficient financial
aSSuranqe of COnstruCtion of "Improvements, t' as defined in
paragraph 2 of the SIA, and Owner wishes to deposit good funds
for such security; and
WHEREAS, consistent with paragraph 3 of the SfA, the BOCC
has approved Owner'S use Of a Garfiel"d County Treasurer' s Deposi-t
Agreement in lieu of a Letter of Credit as such financiaL
assurance; and
WHEREAS, the Treasurer is wi]ling and abLe to hold such
funds in accordance with the treasurer's statutory duties
outlined in Sections 30-10*701, et seg. and 30-1-102, C.R.S., as
amended
NOW THEREFORE, the parties agree as follows:
I. Owner's Treasurer's Account. Owner shalL deposit with
the Treas ve Thousand Seven Hundred
Seventy Dol-l-ars ($55r770) to secure construction of Improvements
within Panorama Reserve Subd.i-vision, as defined in paragraph 2 of
the SIA, Exhibit B. In considerat.ion of the servi-ce fee payable
to the Treasurer, identified in Paragraph II. , below, the
Treasurer shal1 place the funds in an interest bearing account
and disburse funds therefrom in accordance with the terms of this
Deposit Agreement. Such account sha]l be known as the "Panorama
Reserve Subdivision ImprOvements Treasurer's ACcount" and shall
be subject to the terms and conditions of this Deposit Agreement'
II. Treasurer' s Service Eee.The Treasurer'5 service fee
/ /tlxa ua o,
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to the terms and conditions of this Deposit Agreement'
rI.Treasurer's Service Fee ' The Treasurer's service fee
shallbe,inaccordancewithsection30-l--102(1)(c)'C'R'S"as
amended, one Percent (1.0g) of the deposited funds' i'e" Fj-ve
Hundred Fifty Seven doll-ars and seventy cents ($557'70)' The
service fee covers administrative costs incurred by the Treasurer
in distributing and accounting for the Panorama Reserve
Subdivision Improvements Treasurer's Account. such fee shal1 be
paid by Owner:
A. ,( ," cash or by check made payabre to the Garfierd
County Treasurer, as noted in the "Receipt" section of this
DepositAgreement(page6),onorbeforethedateofexecutionof
this Deposit Agreement. The service fee is deemed to be earned by
the Treasurer upon execution of this Deposit Agreement' Interest
earned on the Panorama Reserve Subdivision Improvements
Treasurer, s Account shal] be paid to owner as part of the single
disbursement detait-ed in raragrlphlq,[ld'|, below. The Treasurer
shal-l thereafter provide to owner a fdport of int,eresL earned, as
required by state and federal tax 1aw, ori
B.in lieu of paying the 1.0t Treasurer's service fee'
Owner may grant to the Treasurer the right to accrue and earn aII
of the interest paid on the Gilead Gardens Improvements
Treasurer, s Account over the term of this Deposit Agreement' as
identified in Paragraph IV., below' Such grant' if made' is shown
bytheinitiafsofowner,sauthorizedrepresentativep}acedin
this subparagraPh B-
III.Disbur.iqement Procedure .
Reserve Subdivision Improvements'
by the Treasurer uPon the written
foffows:
Request for Reviqw and Approval'
construction of Improvements, as defined in
provide a certification of final completion
ty owner's l-icensed engineer, along with a
Disbursement from the Panorama
Treasurer's Account shall be made
direction of the BOCC, as
Upon comPfetion of
Exhibit B, Owner shall
of ImProvements signed
written request for
refease of securitY.
T
B.-Deficiencies.IftheBoard.,ofCountyCommissioners
refuses rpprorr"i of the engineer's certification of approval, the
BOCC shall provide written notice of deficiency in substantial
complianc" ritf, the provisions of paragraph 3'b' of the SIA' and
Owner shall correct the identified deficiencies'
ri 'I
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C. Sinq.le Request fo.r Disbursement' This Deposit' Agreement
does not provide foi ="t"tsive partiat reLeases or disbursements
from the panorama Reserve subdivision rmprovements Treasurer's
Account. One (1) finat disbursement sha]l be requested by Owner'
upon completion of construction of Improvements ' Owner
specifically recognizes and agrees that partial releases of the
LetterofCredit,outlinedinparagraph3oftheSlA'donotapply
to this DePosit Agreement' :
D. Reguest , f-or Disbu.rsement /Rel.e'ase ' Owner shall reguest
disbursem.nt ny-*-"*-u of a written "Reguest for DisburSement"'
addressed to the BOCC and delivered to the Garfield County
Building and Planning Department' The Request for Disbursement
shafl- be accompanied by as-built'/record drawings of the
fmprovements, stamped Ly Owner's engineer' and by Owner's
engineer, s certifitation of completion of Improvements, certifying
thata}ffmprovementshavebeenconstructedinaccordancewiththe
requirements of the SIA'
E. BOCC'-s Acknowledgrment and Direction' Upon review of the
submittal" t"qu1."d by subparagraph D' ' above' if the BoCC
approves Owner's engineer's ceitification' the BOCC sha1l issue
its..AcknowledgmentofSatisfactj-onandDirectiontoTreasurer,,,
inaformsubstantial-lysimilartothatdocumentattachedtoand
incorporated herein by reference as "ExhibiL C" '
F. EoCC's Completi-o-n of Improvements' If Owner's completion
of Improvements is deemed t"=tui=itctory' in the sole discretion
of the Bocc, within the period of time defined in Paragraph IV' '
belowroriftheBQCCdeterminesthatOwnerwi]lnotorcannot
completethelmprovementsundertheslA,theBOCCmaywithdrawand
.*ptoy from the Panorama Reserve Subdivision Improvements
Treasurer's Accounl such funds as may be necessary to carry out
construction. If funds are inadequate' responsibility to complete
remaininglmprovementsshatlbethatoftheOwner'nottheBOCC'
If the BOCC elects to complete the Owner's work' expenditure on
the effort shall be no more than the principal amount of the
PanoramaReservesubdivisionlmprovementsTreasurer,sAccount,
plus interest, if interest is due Owner' and mj-nus int'erest' if
interestisduetotheTreasurer,undertermsofParagraphll',
above. If the cost of t'he work to the BOCC is less than the
amountavai}able,'theBoCCsha]lreturntheoveragetoowner
within a reasonable period of time following completion by the
BOCC.
IV'Term.ThetermofthisDepositAgreementshallbeginon
thedateofexecution,asdefinedbeJ.ow,andendonorbeforethe
'.i'..
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"Completion Date" plus six (6) months, as expressl-y defined in the
SIA.
V, Waiver, Consent and Indemnity. Owner consents to the
disbursernent procedure and ot.her actions authorized and provided
for by the terms of this Deposit Agreement. 0wner waives any
cfaim against the BOCC, its officers, employees, agents and
contractors, and the Treasurer on account of each of their good
faith performance of their obligations under this Deposit
Agreement. Owner shal-L defend, indemnify and hol-d harmless the
BOCC, its officers, employeesr agents and contractors, and the
Treasurer from and against any claim made on account of this
Deposit Agreement.
VI.Indemnification of Treasurer. Owner and the BOCC each
shall mutually defend, indemnify and hoLd the Treasurer harmless
from any claim made. Owner and the BOCC each waive any claim
agai-nst the Treasurer involving this Deposit Agreement, unJess
such claim is premised upon the wantdn and wiLlful misconduct of
the Treasurer.
VII.Bindinq Effect. This Deposit Agreement shall Lre binding
on the successo.rs and assigns of all parties and shall terminate
upon finaL disbursement of funds held by the Treasurer in the
Panorama Reserve Subdivision Improvements Treasurer' s Account.
VIII.Immuni.ty. Nothing contained in this Deposit Agreement
constitutes a waiver of governmental immunity applicabLe to the
BOCC under Colorado l-aw.
IX. No Aqency. The making and execution of this Deposit
Agreement shal-1 not be deemed to create a partnership, joint
venture, or agency or fiduciary relationship among the partles.
X. Integration. This Deposit Agreement constitutes the
entire agreement among the parties pertaining to the method of
deposit and disbursemenL of the Panorama Reserve Subdivision
Improvements Treasurer's Account. No supplement, modification or
amendment of this Deposit Agreement, other than changes as to
notice information, shalf be binding unl-ess execut.ed in writing in
a document of equal formality as thL,B Oeposit Agreement.
XI.Notices. Any notice reguired or permitted by this
Deposit Agreement shaLl- be given in wrj-ting and shaLl- be effective
upon the date of delivery, or attempt.ed delivery if delivery is
refused. Delivery shal-L be made j-n person, or by certified returnreceipt reguested U.S. Mail- or receipted delivery service to:
-.
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18 of 23 R.c F3a:$@.OO Doc Feero.@0 GARFIELD CoUNIY C0
Icontinued on next Page]
qocc
c/o Building o Planning DePt
attn: Fred Jarman, Director
108 8th streeL. 4th Fl-oor , .i
Glenwood Springs,. CO 81601
Phone: (970\ 945-8212
Gjrrfigld Cgunty Tregsurer
Georgia Chamberlain
109 8th street, suite 204
Glenwood Springs, CO 81601
Phone: (970) 945-6382
Owner
Cort Lewis
,1075 Saxony Drive
Highland Park, II 60035
Phone: (312) 848-8000
With a copy to:
Mary Elizabeth Geiger, Esq.
Caloia, Houpt & Hamilton, P.C.
1204 Grand Avenue
Glenwood Springs, Co 81601
Phone: (970) 945-6061 :
Changes in address, phone number and identity of contact person
(s), shalf be made in writing, and may be made without formaL
amendment of this Deposit Agreement.
WHEREEORE,
be effecti-ve on
noted be1ow.
the parties have caused this Deposit Agreement to
the date of executlon by the BOCC, as beneficiary,
ATTEST:
?ffiq
i Tvtts !
BENEFlCIARY:
h.
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17 ol 2t Rec Fec:$0.0@ Doc Fee:0.0@ GffiFIELD CoUNTY c0
Date:
Isignatures continued on foll-owing Pagel
DEPOSIT HOLDER:
GARFIELD COUNTY ?REASURER
Dace: ?ilt, e'4, Aoo?
ssN: 3*{'fi- lhO
Date:
State of Il]-inois
County of Cook
)
) ss.
)
me this (0t, or
Witness my hand and official- se
My Commission expires:
.OFFICUL SEAT
Janc K- Xlein - .
xourv 4.trc, sds of lllmh- CoolCot.rtty
uv c"'r'mrsoron- qg3!391!r.3999
amberJain, Treasurer
DEPOSITOR/OMITN:
6, )oo$
ry Public
-- ---
il HJ U YhlltD',Hll,Hil I lt'hl*rttr1 ft{t IFBilU il ll I
{"'f?q}ifl }i"r,i;4:3r.:r::lE;RPtP.#at,iie'er*
STATE OF COLORADO
County of Garfield
AtarcgularmectingoftheBoardofCountyCommissionersforGarfieldCounty,
Colorado. held in tt e Comiissioncrs' Meeting ioo'*, Gufreld County Plaza Building' in
;i;; Springs on Monday, Drcember4' 2006' therc wcre present:
:Sffi#f':"'::bairman
L+rrv McCown - 'co.rr-irrion"t
TrtsiH.o.ttPt. - - .Coun,rA$orney
D.on DcFoFd. - -, 'ir.r-rif ,,* gdrO
iffi; Manager
Ed Grecn .. -
when the following proceedings. among otbcrs we'#had and done' lo-wit;
RESOLUTION NO.2Jg]'OJ
ARESoLUTIoNCoNCERNEDWTTHTHEAPPRoVALoFAPRELMINARY
PLAN APPLICAUONFOR TI{E PANORA}4A RESERVE SUBDTVISION
*HEREAS, the Board of County Commissioners of Garfield County. Colgrado'
received a Prcliminary Plan Application from cort lrwis to suMivide a 46'069-acre
propetty into 3 reside",iJ fott ll'ing approximately l0' 8'I' and 27'9 acres and which
properry is generally d;;i; *,e rrlssou Heights'area. appro,rimatelv 3 milcs north of
Catherine Store in Section 17. Township z i"ortr,, Range 87 west of the 6u P'M"
Carfreld CountY; and
wllEREAs,thesubjectpropertyislocatedintheAgricultural/Residential/
Rural Densiry (ARRD); and
WHEREAS'onscptember13,20o6,theGarfreldCountyPlanningandZoning.
Commission fonruded u-i*om*"oaarion of approval with conditions to the Board of
County Commissioners for the hcliminary Plan: and
WHEREAS,onDeccrnber4,2w6,theBoardofCountyCourrnissionersopcneda
public hearing upon if,. lu"rtion of whcller,$enPreliminarl Plan should be grantcd'
L"-i"" *itt ?onOirions, Jr denica at which n&ring the public and intercsted persons
werc given ttrc oppoltiini,y a "*p,r*s
rheir opinions rcgarding the issuance of said
PreliminarY Plan; and
WHEREAS, the Board of County Commissioners closed the public lraring on the
llil th tlllttlt!: t,lllt,ltfl ,ult ,Hl:ttillltHhl'lll'l ll ll I
l T,g*#41'fti'i:''lafff,u oi!'?"3lBl6'd'SAnrrELo co.,Nry co
)ss
)
EXHIBIT
A
t-JbA-
$l#,1 ffi1fr$uflii#ffiiutF|il14ffi1 llflit# -t|lul!fittutllil1,ltfl,Ht,ttHfit{flJtilHt ilt,t ] iltReceptionfl: 716952 Rrceptiofis: TzeEil-"--"l'[rfw P!;?Eo?3"'8"3'13!'t^fPlE..i':8,,$]?'ii 28'll'*'l""oill;iB ;u oiB.p.llBlBdtARFrELD couNTy co
December 4, 2006 to make a hnal decisiou; and
of Counry Commissioners on the basis of substantial
ar the afoicmenrioned heariug, has made the following
That proper publication, public notice,pnd popting was provided-as^required by law
for the hearings heforc ,'t" pf.nning *ii Zoti1"S Commisiion and bcforc the Board of
County Commissioners.
That the public hearings beforc the Planning and zoning commission and the Board
oi County Commissio-ners were e'tensive and complete; all pertinent facts' matters
*a irru6 were submitted; and that all intcrcstcd parties wcre heard at thosc hearings'
The application is in compliance wirh the standards set fonh in scction 4:00 of the
Ourfr"ii County Subdivision Regulations of 1984, as amended'
Thu the proposed suMivision of land is in compliance with the recornmendalions sel
forth in thc comprehensive Plan for the unincorporared areas of the County.
The proposed subdivision of land conforms to tbc Garfield counry Zoning Rcsolution
of 1978, as amended'
The proposed use is in the best intcrest of the hcalth, safety, morals, convcnience,
orOei piosperity and welfare of the citizens of Garfield County'
WHEREAS, thc BOATd
competent evideuce Produced
determination of facts:
1
5.
Now, TITEREFoRE' BE m REsoLvED by the Board of Counry
commissioncrs of Garficld counry, colorado, that based on determination of facts set
forth above, the Preiiminary Plan reguest is approved with the following conditions:
| ' I .1.
l. Thar all representations made by.ittieippplicant in the.application. and at the
public hearing before the Board of e-ounty Commissioners and Planning
Lommission, itruU U. conditions of approval. unless specifically altercd by the
Board of CountY Corr.nissioncrs.
2. The applicant shall ptace thc following plat notes on the final plat and in
protective covenaDts:
a. ..colorado is a "Right-1o-Farm" state pursuant to c.R.S. 35-3-101' ct seq.
Landowners, residents and visitors must be prepared to accept rhe
activiries, sights, sounds and smells of Garficld County's agriculturr!
opcrations as a normal and necessary aspect o[ living in a County with a
strong rural charactcr and a healthy ranching sector' All must be prepared
to enlounter noises. oclor, lights, mud, dust, smoke chemicals. mrchinery
on public roads, livestocl: on public roads, storagc and dispo_sal.of manure.
ond'thr application by spraying or otherwise of chemjcal fertilizers' soil
b..^
2.
4.
)
,'-
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it',tllifilliilltilB lH ,n,BP?Pr8'3iuiliY"s' 11 oi zt Rrc F's:$@ o@ Dw Fee 0 oo G.RFIELD c.uNrY c0
amendments' herbicides' and pesticides' any one or more of which may
uaturalj Jc;';; il; or a tega and non-negligcnt agricultural
oPerations'"
b...Noopcnhearthsolid-luclfireplaceswillbeallowedanywherewithinthe
,uUoirision' O"tiil ne* so[d-fuel buming stoYE as defied by C'R'l: ]'5'
7-401, ct' seq', and thc reguiations promulgatcd thereunder' will bc
a]Iowedinar},owetting*ir.Alldwellingunits.willbea]lowedan
unressic; ,,o'tUtt of nitural gas burning stoves and appliances"'
"All owners of land, whethcr ranch or residence' have obligarions under
Statc law and County
"gufoiioot
with regard to the maintenance of fences
and inigation ditchcs, .J"*rii"g wccds,-xeeping livestock and pets under
coDtrol, using property in accofuancc with zoning' and other aspects of
;;;"; "toinoining proply.' Rcsidcnts and landowners are
""",r:*"g"a
to learn .uoit firr. rights and responsibilities and act as good
neighbors and citizers "f
tf'" i"*'V' A good introductory source for such
inrSr*orio" is .A Guidc ro Rural Uvin[ & Small Scale Agriculture"-put
out by the Colorado St't" Universit! Extcnsion Officc in Garfreld
County." t ',r,1'
"All exterior lighting will he ihe minimum arnount necessary and all
.i"ti"i lightini wif ue directed inward and downward towards tbc
interior of the subdivision, except that provisions may be Sadc to allow
ilr -ui"tv lighting that grcs beyond the propcrty boundarie's'"
..one(l)dogwillbcallowedforcachrcsidentialunitandthedogshallbe
*qr,.;J,, b. confined within the owner's property boundaries"'
..Allbuildingfoundationsandindividualsewagedisposal-systems.willbe
aJgEea bylrofessional cngincer rcgistercd in the State of Colorado."
c,
?
4.
The Applicant shall creue an unincorporated Homeowners Association'
A covenant shall be added' requiring that any trash cans be "bcar proof"
The Applicant shall insen the ISDS maintenance
prot"cti"i covenants, with provisions for homeowners
annual dues to cover the.ilnspection requircments of
professional hircd bY the HOA'
6'TheApplicantshallmakcacashpavmcnrin-]ieuofdedicatinglandtotheRE-l
Schooibist.ict in the amount andaithe lirne a-s set forth in the Garfield County
Regulations
agrccmcnt/Plan into the
i ro Pay a Podon of the
tre plan, bY a qualificd
l
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ilil
7.
8.
9.
TheApplicantshallpaytheCarbonda]eFircProtectiondistrictimpactfeeof
S437/dwelling unit prior to Final PIat approval'
TheApplicantshaltpaytheapplicabletraffrc.impactfeeintheamountandatthe
dme a-i .set for in the Garfietd County Regulations'
The road shall bc a public mad and right of ryay dedication shall be at thc time of
finat planing. A plai notc using the s,ndard-bedicaiion certificate language a's set
for hy Garfield Counly shall be used,
10. Any recomrncndations frorn the statc Gcological Surcy will tre incorporated into
;i conditions of approval made by the Boam of County Commissioners ar:d
,n^ff U" specifically includcd in the covcnants and as plat notes on the Final Plat'
Il.Bythisapproval,rheBoardofCounryCommissionerssPecificallywaivesthc
rcquiremeni that the watcr system shall be a looped systcm as requircd in Section
q:j: of the Subdivision Regulations of 1984 as amcnded'
12. The detention strucrures proposed on each lot shall be built by thc Applicant aDd
includcd in thc Subdivision lmprovements Agreement at Final Plat.
13. The Applicant shall delineate. legally describe, and convey all easements sbown
on the piat to the Homeowners Aisociatioo. This dedication necds to be in a form
o""poUl, to the County Attomeys Office and ransfer shall occur at thc tiroc of
,""oiding the final plat. The.rc eascmcnts shall include, but are not limited to all
drainage easemcnts, sharcd water slstcm easements (domestic wells and water
,to*gJ Enk), storm-water draiuage easements, ail internal roads (which will be
dedicateA to the puhlic on the facc of the final pla$ and any access and
maintenance easements that need to be provided for in the commOn open space'
14. Thar all residential structures on all the.lois shall be construcrcd with sprinkler
systems in accordance with NFPA l3D - Snndard for tlte Installadon of
Sprir*Jer S):rrenr in One and Two'Fonily Dwellings.
-lLDated rhis 5o day ofFJrg-vh, A.D.2007.
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GARFIELD
BOARD
COUNTY
OF
COMMISSIONERS,
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UponmotiondulymadeandsecondedtheforegoingResolutionwasadoptedby
the following vote:
John Martin - - -- - -' 'AYe
-larrvMcCown. 'A)'e
-,
(Recused)
Tr6siHoqP(
STATEOFCOLORADO
County of Garfield
t . - --l Counry Clerk ard ex-officio Clerk of the
Board of C-ounry Co*miffie Counry and State aforesaid do hereby
ccnty thar tte *rr*"a uoJro..goilg Rgs9lu.ri9p i. truli 9$I"djt:1j::-:::t :j*:
iro.*Oing of tbe Board of Couity Commissiohcrs for said Garfreld County, now rn rny
office.
IN WTNESS WIIEREOF, I have hereunro set my hand and affixed the seal of
said County, ut ClrnrnooUTp,itUi' tt'it day of - ' A'D' 2m7
County Clerk and ex-officio Clerk of the Board of County Commissionen
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