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HomeMy WebLinkAbout4.0 Subdivision Improvements Agreementll I ]ifFr 111, I tl1,!#l [ltl' I I [il] t+t lii'l li{ I I'rt [i'fi li{' t t I I I I Receotionfl: 785080oqtzdtzoto 11 :1 1:@0 All Jcan Alberlcoi 6f-27-nic ree,$ial.00 Doc Fre:0.00 GARFIELD CoUNTY c0 QUICKSILVER COURT SUBDTVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS QUICKSTLVER COURT SUBDMSION (*SUBDIVISION') SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this (3: aay of Aprt) -- , 2070, by and between G. H. DANIELS, ill and GREGORY HASENBERG (collectively referred to herein as "Owner") and the BOARD OF COLINTY 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"), Recitals l. Owner is the owner and developer of the Quicksilver Court Subdivision (the "subdivision"), which property is depicted on the Final Plat of Quicksilver Court Subdivision ("Final Plat" or "Final Plat of the Subdivision"). The real property subject to this SIA is described in that Final Plat, recorded at Reception Number ofthe real estate records ofGarfield Counfy, Colorado and incorporated by this reference. 2. On December 8, 2008, the Bocc, by Resolution No. 2008-138, recorded at Reception Number 760233 of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a preliminary plan for the Subdivision which, among other things, would create seven (7) single-family residential lots ("Preliminary Plan Approval"). As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Unified Land Use Resolution of 2008, Owner wishes to enter into this SIA with the BOCC, 4. Owner has agreed certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision, I lll till tll,lll,fil[ iltrillfl J+i,lfi I ll{'l lFt' !ilEltl { ll ll I Receot i onl : 785080 e,4t2d12010 1 l :1 1 00 AII J3an plb6rrco 1- L7' zi- pZ"' i ii, SIlt . iio ooi Fae : @. @@ GARF IELD couNTY c0 all as more fully set forth below. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: Agreement l. 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 S[A, the Preliminary Plan Approval, and the requirements of the Garfield County Unified Land Use Resolution of 2008 and any other governmental or quasi-govemmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER'S PERFORMA}ICE AS TO SUBDIVISION IMPROVEMENTS. a. Comoletion Date/$.pbstantial Comoliance. Owner shall cause to be constructed and installed the subdivision improvements, identified in the Exhibits defined in subparagnph 2.a.i, below ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garflreld County and/or other governmental and quasi-governmental entities with jurisdiction. The Subdivision Improvements, except for revegetation, shall be completed on or before the end of the first full year following execution of this SLA ("Completion Date"), in substantial compliance with the following: i. Plans marked "Approved for Construction" for all Subdivision lmprovements prepared by High Country Engineering and submitted to the BOCC on January -, 2010, 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 lll ltfi M,ILT,H ll tlfil tt( l+ll l$l'l$ I'lil h[l'l t{t't ll ll I [tF,t?ial"# i r iiaffi18u. 33 1", 3 l!3: 63'o FR F I ELD co uN T Y co engineer licensed in the State of Colorado ("Owner's Engineer"), attrched 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 sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"). ii. All requirements of the Preliminary PIan Approval. iii. All laws, regulations, orders, resolutions and requirements of Carfield County and all special diskicts and any other governmental entity or quasi-governmental authority(ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Imorovements 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 have been met, 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. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. a. Subdivisior Improvements Deposit Agreement and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements, other than revegetation, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of ttre Subdivision, an executed Deposit Agreement, in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C ("Deposit Agreement"), Simultaneously therewith, and pursuant thersto, Owner shall lll itr I$,1r11,il | l, l{h !f 't,tri+ I |ril, llil hl L ll' lillt 4 I I ll I fl #idi*I i"ii;'q?i8e. di3tll?Elaa'nnRF r ELD couNry co deposit with the Garfield County Trcasurer, the sum of two thousand seven hundred and ninety-four dollars and no cents ($2,794.00), representing the full estimated cost of completing the Subdivision lmprovements, except revegetation, with a sufficient contingency to cover cost changes, unforseen costs and other variables (not less than l0% of the estimated cost and as approved by the BOCC), as set forth and certified by Owner's Engineer on Exhibit B, to guarantee completion of the Subdivision Improvements. The Garfield County Treasurer shall place the funds in an interest bearing account (the "Quicksilver Court Subdivision Improvements Treasurer's Account") and disbwse funds therefrom iu accordance with the terrns of the Deposit Agreement. b. Plat Recording. The Final Plat of the Subdivision shall not be recorded until the security, described in this paragraph 3 has been approved by the BOCC and received by the Garfield County Treasurer. c. Extension of Deposit Aereement Expiration Date. If the Completion Date, identified in paragraph 2.a., above, is extended by a written amendment to this SlA, the time period for the validity of the Deposit Agreement shall be similarly extended by the Owner. For each six (6) month extension, at the sole option of the BOCC, the deposited sum shall be subject to re-certification by Owner's Engineer of the cost of completion and review by the BOCC, d. No Partial Release of Securilv. Owner may not request partial releases or disbursements from the disbursements Quicksilver Court Subdivision Improvements Treasurer's Account under this SIA or the Deposit Agteement. e, written Request for Release of Security. upon completion of all Subdivision lmprovements, other than or including revegetation, Owner shall submit to lll tflr tll,lLl,Hlt ltthllil[L+t,lHl lirrt l{hlttlllll{ ll ll I Rreeotion$:7E5080aatldtzo'to 11:11 @o Alt J.an Albarico E-;i-ii-R;"'i;iisi+t.oo o6i rii,o,oo GARFIELD couNTY c0 the BOCC, through the Building and Planning Department: l) record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SlA, 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 Disbursement/Release, along with Owner's Engineer's stamp and certificate of completion of improvements. f. BOCC's Lwestisation. Notwithstanding the foregoing, upon submission of the Owner's "Written Request for Disbursement/Release," in the form attached to and incorporated herein as Exhibit D, along with Owner's Engineer's certificate of 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: 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 Disbursement/Release, accompanied by Owner's Engineer's certificate of completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall execute an "Acknowledgment of Satisfaction" and authorize release of the security, including the contingency amount identified on Exhibit 8, in the form attached to and incorporated herein as Exhiblt E. ii. If the BOCC chooses to inspect and determines that all or a portion 5 il fft I|11,IL1,LT{ lhi tst Hu rhil' sll,lH\ Ftltlli"i ll ll I fu',zid#iirffi 3u, 8::",31?6' IS".RRFIELD couNTy co of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall fumish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Written Request for Disbursement/Release. iii. With respect to Subdivision Improvements identified as potentially 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. If the BOCC then finds that the Subdivision Improvements are complete, in compliance with the relevant specifications, then the BOCC shall execute an "Acknowledgment of Satisfaction" and authorize release of the security within ten (10) business days after completion of such investigation. g. BOCC comoletion of Improvements and other Remedies. If the Bocc finds, within ttre thirty (30) day period of time, defined in subparagraph 3.e. above, tlat the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or catrnot construct my or all of the Subdivision lmprovements, whether or not Owner has submitted a Written Request for Disbursement/Release, the BOCC may withdraw and employ from the Quicksilver Court Subdivision Improvements Treasurer's Account such funds as may be necessary to consfuct the Subdivision Improvements in accordance with the specifications. 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 Quicksilver Court Subdivision Improvements Treasurer's Account. In lieu of or in addition to drawing on the Quicksilver Court Subdivision Improvements Treasurer's lll lFr l11,il11',lllu lllil lU, lill h+l lt[,|ifi lll'l lll'i ll ll I Receotion$: 785080oqtzdt2glo 11 t11.@o nl.t Jean Alb.rico1 oi 2t Rec Fee:S141.00 ooc F.e:@.00 GARFIELD CoUNTY C0 Account, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements. The BOCC shall provide the Owner a reasonabls time to cure any identified deficiency(ies) prior to requesting payment from the Quicksilver Court SuMivision Improvements Troasurer's Account or filing a civil action. 4. SECURITY FOR REVEGETATION. Because the amount of disturbance related to construction and installation of the Subdivision Improvements is less than one-half (ll2) acre in size, BOCC does not require security for revegetation. 5. WATER SUPPLY. As stated in paragraph 12, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable struchrres constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water and fire protection 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 Carfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenart to the water system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water supply system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision by bill of sale. 6. PUBLIC ROAD - QUICKSILVER COURT. Quicksilver Court shall be dedicated by the Owner to the public as public 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 Quicksilver Court, including the traveled surface of the roadways and portions of the rights-of-way outside of lll l\Fr t11,11T,ru, lll,lttLlU,lf[lilr' lll[ llll lli't ll ll I Reccotion*: 785080 oAt2dt2@1O 11t11:@@ Al'l Jean Alberico5-ii-i?-tiic'riiisi+t.oo Doc Fec,0 00 GRRFIELD coUNrY c0 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 elsewhere in the Subdivision, all public road rights-otway within the Subdivision shall contain easements for installation and maintenance of utilities. Public utility easements shall be depicted on the Final Plat and deeded by recorded instrument to the Homeowners' Association of the Subdivision for the benefit of public utility providers. 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 utilify company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the SuMivision. ln the event a utility company, whether publicly or privately owned, requires conveyance of the easements depicted on the face of the Final Plat by separate document, the Owner or Homeowner's Association of the Subdivision shall execute and record the required conveyance documents. 8. 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 SuMivision 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 indemnifu 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 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 I ll lffir II1,ltLl,Hl,.Htt l[il li\{ I3l,ffil lfi ,!{f, li{'t Il I I I Reccotlon$: 7E506O 'ri Pliid {2"' l.l lt??, iE. d33"rll?3 "63'.ARF r ELD couNTy co paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 9. TRAFFIC IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Traffic Impact fee ofsixteen thousand five-hundred and sixty dollars ($16,560) has been established for the six (6) new residential units within the Subdivision. Owner shall pay fifty percent (50%), i.e., eight thousand two hundred and eighty dollars ($8,280) of the Traffic Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining 5OYo, i.e., eight thousand two hundred and eighty dollars ($8,280) will be collected pro rata (i.e. thirteen hunfued and eighty dollars, $1,380) from the Owners of Lots 1,2, 4,5,6, and 7 at the time a building permit issues for a residence within the SuMivision. 10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall maKC A cash deposit in lieu of dedicating land to the RE-2 School District, calculated in accordance with the Garfield County Unified Land Use Resolution of 2008 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: $200.00 per new residential unit within the Subdivision. The Owner, therefore, shatl pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, twelve hundred dollars ($1,200.00) as a payment in lieu of dedication of land to the RE-2 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 Unihed Land Use Resolution of 2008. 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 I I I lYrr ltt FJlrll lii Iffi Li4, Hl,l +H lfl {ltt : fl !, ll{' { I I ll IR:ccption$: 785080 @412612016 ll:11:00 AM Jaln Albsrico 10 ot 27 R6c FEB:$!41.@@ Doc Feero.o0 GARFIELo couNTY C0 land dedication to the RE-2 School District. 11. 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 OCCUPANCY. As one remedy for breach of tlris SIA, the BOCC may withhold issuance of building permits for any residence or other habitable strucnue to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Rifle 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 [and all applicable District fees have been paid to the Districtl. No certificates of occupancy shall issue for any habitable building or structure, iucluding residences, within the Subdivision uutil all Subdivision Improvements, except revegetation, have been completed and are operational as required by this SIA 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SlA, 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 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 Ptat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 14, ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 12, and the provisions for plat vacation, detailed in paragraph 13, above, it is murually agreed by the l0 ill HFl flffi itlr ll h l|ttl t [ #,1 l l t lJr r'i l #' l] fi Ifl ,,1 l l il IReceptionf:785080 @412612014 11: l1:O0 AM Jean Albsrico11 ot 27 Rro F..:9141.@0 Doc Fe.:O.OO GARFIELD COUNTY CO 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 hle an action against the BOCC. 15. 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. 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. r7. CONTRACT ADMINISTRATI0N AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contact adminishators 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:G. H. Daniels, III Gregory Hasenberg 176 G,H. Daniels Blvd. I155 Quicksilver Way Gypsum, CO 81637 Rifle, Co 81650 BOCC:Board of County Commissioners ll il firrr l$FJl r ! FlltlE l*{t !t1! l+]t Uilf lilt' lilr I lll' { ll tl I r, 1"":?ti{'"fl1' rffi flT,.'nt P l::6' BB GARF r ELD couNTY co of Garfield County, Colorado c/o Building & Planning Dir. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970)945-8212 Fax: (970)384-3470 18. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity ofthe provider/issuer ofsecurity, due to a conveyance ofthe Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notrvithstanding the foregoing, the parties may change the identification of notice recipients and conlract administrators and the contact information provided in paragraph 17, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 19. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield Counfy, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. t2 tlt lfi tr$llllilUl t lltElr}fl [t IJilrEltlil ttr' ltl I l{t ,[ I I ll I Reccot I on$ : 78508{l il'',{ lqtl.lt ;ll, 3%il*' 33! P *:6 I sB GARF I EL' couNrY c 0 IN WITNESS WHEREOF, the partics have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATTEST: By: G. H. Daniels,III D"", /r srATE OF COLORADO lr.. COUNTY OF GARFIELD ) owner :ii#tH1,ili"ilffi ly";:; z,WW:r';t:*' and G H Daniers' I II' as WITNESS my hand and official seal. My commission expires:It, P o/ L, 13 COMMISSIONERS OWNER: i gEAI., ^ ":.......-.ji ."ea;J.E *i,"ft iH-,]i$,lflrHH#*T:::,T:::', EXIIIBIT A Summary of Final "Approved for Construction" Plans l. Final Plans- Cover Sheet; 2. Final Plat Page l; 3. Final Plat Page 2; 4. Existing Conditions Map; 5. Grading, Drainage, and Erosion Control Plan; 6. Pond Grading Plan with Erosion Control; 7. Quicksilver Court Plan and Profile; 8. Master Utility Plan; 9. Water Supply Plan Details; 10. Fire Protection Plan; 1 l. Final Plat Detail Sheet. llll tifi ilfltiltllilSlH!,l#,Utl,h{tl*lft#:lltil lll'{ I ll I R.c.ptIsS: 76508eOlt26lmlt 11,11:0O Ai J.an Alhrico 15 ot 27 R.c F*:3141.0o Doc F..:0.0O GARFIELD ColNTY C0 rc tFil rEE r, ^Dx. 4l5 r lE { ir'r. il r d!)Eair.lFm -ErC[>'+6 G-I MggB9lEffiE *rreExnffi -mr4Ee ffit 6[ffi.a6ffilE8 @ilnffi@ ',qEffiruffElEE''I'a.-dE@E-5EIffiE ffiffiEE'T'5E' raxroffimDft .ffinru@m rr[@f GEileEtmffiFilAEd @l!ffi.@M[ffiEEilT A NEPLAT OF IPT Z AND tOT 2A CRASS MESA RANCH BEING A PARCEL OF LAND SITUATED IN THE S1f1/,{ OF SECTION 22 AND THE NT!N/4 OF SECTION 27, TOWNSHIP 6 SOUTH., RA}GE S3 WEST OF THE 6fi{ PRINCIPAL MERIDIAN, COUNTY OT GARFTELD, STATE OF COTORADO rruFrxwu.f,*-ffirE(mI.DafttIr&Br.(osMtso adrffi*q,rtir&t^t,-a@Bd@ tFNE@Ea!-r E-rrrf,E5&4 FExredD &ffixEE@ffi4r-rE-rrr{il d'&rdrrrM6 tu E !( '- iE 3r.E14 'Mr m uE@ {ffit6E,@cf,i-rE-^r* -@*axffE-B& u.gBur@o^r rruffiM@fr{AidsIEr@r.*'lgF..dd4 rdnMdutr.4 .tunErBrEru, tffiElq@mttsd@E-7d(atu?FD.il!d ^r@Ef,E.@.ffi4ilt ,@rdt6!744.tffiEBTM!'CdUD [8ffi'M -EFrtrffi *H-tEsl#ffi- s^rm[E BErrffi lEnrsila, e!{@ ffiBMME W,AEiEffiil lffi.dc.!@8.rsMi'f,m ffi*D]i@ lpMr*c4 vrcrHrl#AP rlmBxffi -i-a(416elEr DEmADx.lr@6x4rEFrdU@E'E @E--rr-aee FilEreffiF UDB-Ort HilWffiSHr*EIwEon GYrffihsdSi ..e'tEruEr m affia@H EEtE EruYffiT,!]fr NffirH}mit@ ,,h,.4.do6cxromlro4Es.EHE'Ifi,{YMI,llft arBffitEsIr@ Iffi6tr,UEI 'rut@r EEET- Effiffif 'd' - ffi EOil rddffiEcff {qr@?.ir mmMrr@s qEm-Emrffiffi -eYr-rqElw 6aDMffiAlldilffiAffiOld iluEDili&ffi{@Y ffiffidil61i@D-q Mrffisa- [rurwmro.#*6.C Cle{-@lffiE -]F'EE_ ffiqurf. o,E HIGH COUNTRY ENGINEERING, iNC. lMdM6r ru_E@oaE IUf MEWD4lE'C 'a*MtsilrE!Elts!@rq Er E E'EEr'ir.ffil@61BDsm'tEffiXAffiTBMD@{M @ffwrEi@65Gr ffinrutfrrx irL.iifl ',,'r,,$i#[i'ili1*yJrn'Fr**"r**,flNAL PLAT QUICKSILYER COURT SUBDIVISION A REPLAT OF TOT 2 AND LOT 2A GRASS MESA RANCH BEING A PARCEL OT LAND SITUATED IN THE SW1/4 OF SECTION 22 AND THE N'W1/4 OF SECTION ?7, roYrNS HIP'' ?xffiitrw B oi'"Hr:' rBXrf, *3.' JSrJfi['o'PAr MERID IAN' .,'),-\'?.-..,.1 I -clu<a----..PGRAPHIC sCA!E fcEtI.#r-i lrE)rd-0[ I.EAOA Ar.ff**f !M@AffiiN E m HIGH COUNTRY ENGINEERING, INC. @XSruG BM N smOB617 ffillM. m rqGI:W@D smCS, @DR& S&l(e0) s-&70 L_-- 6r6sBkd ft@{ #M m@a.t^]ugau!dr NqisH q*As srru6ar$ ffirffiun^*E6S6&isS' ffiAE ilY IM-'tu|r*lL--------1 - I l@-t- I LOT 5 *-;Ei*l'i}-i*> .- _.\\\t\ -ffi--l -'*-*- ruil !rlt IE t I'lr lt ii EEtr iiiXiri! tIEEt!!llt iEr : -8-?= - i.JBL:#F t8lj38ti.4:; =a; =!EE'QA.xi =8s;EF:;+..;"ft;j E i.E; IE6F I I l I I I I i I I I I I I I I :ti'i I.llii lrir\:ill,,ilr---._- llrli l, li i' nlll.' 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F ,1 I 1 ,l [|r '..1 ;.i ''1).l ro{ o ---glt+ ,o r,llrcll ee !'iIEHIII 'I 't I[ /t I r / --i t 1 t./ f8L/ '1 t.l/t 1 t,/1 I8,.1 | I I I iEiB li iliF u; *ts ; iE r HIGH COUNTRY ENGINEERING, INC. rlrT'uEAYruI'relOlcriw@*Rlrca. co al@l MEOTO9.6rya_FA6Dr.@U W.HCENG.COH :ltrl- .c uJ r 'l I +t------ !fitE :aHE I E lr rt tlr! !3 lc E 1E FE E N6'Ie:6 -sdi =N;:F' r.95 ir:E.=4:ss=i?o=E-,siT ,P= 9:. t83=sE*-i =.l.:=9aI=<a- 8I = ;ltI ILl i libtlt' nrls)I$uE r @*dudffiaztg+/, vJs o!&11 'vJstrtrTffiEffiOffi ?tr$;;HTlH.ffi[J HIX*TJ::Hi :,' I iI: L) tl ---J- - ) ---L--.=---: tltt tlrl rlrt ri|l {tI' llliii!11 'Enilrli Li EliIT;-t r!t\ El Sr ET il ir ll I L_ It \,- ril alErir t, /l rlll /ll _ltl [u$ li$ iiii ifi iiii'ilifi i i$ifil o on{o rfr9:86 :T*{:",fl':::""""d II H Ll''"T._"":Y.:::I-T11'5IX:*?,t- rt@22.r€7 E ffi.dN8d(HTairorrtst - ,,o*.n*.@.tsr-J i'ErEi-diiniiPili-'-" I F\l-\_l \ --J - =B1'*ats3 =:'a: =; =s888-l. :; =*I =!!ts.e {Esi =F=!=. ..- --#i;i .{:!N = rR; -.;N KEY @ r'g$rc0uYIE @ r' Du Rd 6B v[{ - 3D sYorcHEruti&fLG56 @ dd6fftmE6 o o ar!'s6&E o 7_ TYPICAL SHARED WILL SYSTEM SCHEMATIC iol rc su \-rT#i:'"*'" @lt fd.!ffi dldle tsd..b 'FYdtu-rde @rtr.dt 12 h &{ t.e !qh{rr&dd TYPICAL PLAN VIEWN6rcru TYPICAL 1.OOO WATER SUPPLY TANK6rru ftrE ffi *8I ffi" ;fq I,l EI ,+,1{' ! 8 {iIt 9a Iir :Ei Eti i! {I tii ts WftL HIAD TYPICAL DETAIL ioT rc $u 207r@,@ I llll llFrllrtrFJlriltlllf , li'til{r,Htillltfitlltil lll'l ll lll Rrcrpt im$: 765OBCait2dl?ola tt:t!,oo flt J.m AIb.rlooii';i rt R.; iaa.ai4r oo ooo F..:0 00 GmFIELD coRrY c0 JJ,.-*t i,.\- .l$ ;{ --_.,/ /?* tl,{b \ \\\\r\ \\ \ \\ )i il t l,l I I I lli,lt lli lli-rl i---llt-r lilitlllt llil i,m lii I J r i $ riiriiffi ;ip I t tiit $i{ r ifii' iiif 'il' !il ' ]f s 3 Er[,i'f*r *rn*,d ri, o'i!{ il ffir }{i? ii!{ {{ii iiii{{{ii r33i tffi tsi gigi$ u,rup rlc* iiei i iis "t :;riEsrrr iiEEi iii rgr ui,,u [1 rr[ i:ii :siE i iir /r1 'Y/[ l:;' 9-- It N( ----- @t'5>-* E T !t c , a 1 f I JI i IIf It I I I {j HIrlti f li5 e9t gge =i-hEEia. rftaE t. II :Irirl ,li l!r o :il F18O HIGH COUNTRY ENGINEERING, INC. Ittr!l{EAvM,mtot,orxw@*R$.co arQrffif,i erot .ffi.?u e7d tg'u6 ww.HcfrG.coH -t*fr:*ffi****@ *** llrc "tq \ _t r-- I I I I I ti Ir '\-2,-: \ I I I Iit I'l'l I I I I '#l.$ilili,1,ry"ifl :*Hi*T:T,1',_:i:' fic') T E 'E ltii hiiiii E3rBt iBlll rilEr'rNl,i /r/ilrIEl5i) /-:lA4 Ii\ lll d_l+l\l1Htt\. tl)-l fl-lt,jr tllE /__l #ry,il ciIii6 rcENEErc / INIEG /ceint.ocoum co E "rar"" a.r*a,rao,r",o, I! ffi N'"T.:_"^',iTL.'i:ly_':::'::'*T.^ llre t- I'-'^'-TfriEiito:Einn'ifii.ir,agz ,','**r#**iffism-''*'osrrrlsxeEr t I I ftws .-.rir^nr**.ft*ist- EXHIBIT B March 16,2010 HCEJOB NO: 2071059.0C i:kdskrroiuoTu 059b\cel\Cost Esirnate l -2649.x1r TEM OUANTITY UNIT COST COST l' HDPE Water Line 254 L.F.$ 10.00 $2.540.0( SUB TOTAL $2J40.0( SUB TOTAL 32540.0( Contingency l0*$254.0( tUB TOTAL $2,794.0( trOTE: PRICE INCLUDES I " WATER SERVICES FROM ExlSTtNo WATER METER VAULTS ON LOT 4 AND 7 WHICH sERvE ,TS 4, 5, AND 6. SERVICE PIPINC IS COMPLETE AND IN PLACE ON LO'TS I. 2, 3, AND 7. THE WATER METERS. FIT'TINCS, VAULTS, ELECTRIC SERVICES, ELECTRIC TRENCHING, AND WELL PUMPS FOR EACH OFTHE 3 SHARED WELTS IS tN PLACE. High Country Engincering. lnc. cilmt bc held rcsponsiblc for vrriarcas from its 6timate as mtual cots m0y vary drc to bid and mrrkct fluctultbns. f il ffii I lltltJl illt{l lll,[ ltfr, lt\t lilrt ll{fl $ ]l{ f, lil t ll ll IR:ccptimt: 785080 @4126l2OlO 11: t'l:00 AH Jaan Alberico25 ol 27 R6c Fo.r3l41.0O Ooc F..:0.00 GARFIELO CoUNTY C0 la- 3i30r Y :$V" 6/to/ '*^V:Z-$j'.,-...i'tji.'-;Ija, lll liFr Recept ion* : 0412612@10 11 26 ot 21 Roc l{1,,1 lllll 7A50AO ;11;8?01'u.t8i3 P:"?5133 .ARFIELD couNTY co EXHIBIT D REQUEST FOR DISBURSEMENT/RELEASE OF SECURITY Board of County Commissioners Garfield County, Colorado c/o Fred Jarman, Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Quicksilver Court Subdivision This request is written to formally notify the BOCC of work completed for the Quicksiiver Court Subdivision. On behalf of Owner, I request that the BOCC review the attached Engineer's Certificate of Completion and approve a full release of the security in the amount of t*o thousand seven hundred and ninety-four dollars ($2'794.00)' Attached is the certified original cost estimate and work completed schedule, showing that all improvements required by the lmprovements Agleement and secured by sums held in the Quicksitver Cbuft Subdivision Improvements Treasurer's Account have been completed. Also enclosed are the following, required by the Improvements Agreement dated,tiillto iZtn"", O*n"r. and the BOCC, recorded at Reception N;. 7?SAtD at the 'R.Ii-Ertut" Records of the Garfield County Clerk and Recorder (the "SIA"): t.record drawings bearing the stamp of Owner's Engineer cedffing that all improvementshave been constructed in accordance with the requirements of the n, Uoth in hand copy and digital format acceptable to the BOCC; and copies of instruments conveying real property and other interests which Owner was obligated to convey to the homeowner's association or other entity at the time of final Plat Approval. If further information is needed, please contact G. H. Daniels, tll at 970'471-0920. 2. OWNER: lllttlrlltlrFJlrll#hlW.ltrlltl.t+[lAHltHItillfl,tlllll [f'":"tt ig, tfli' . i:'igl'?i',. H: F:'.: E' 3a GARF I E LD couN T y co EXIIIBIT E ACKNOWLEDGMENT OF SATISFACTION A}tD DIRECTION TO TREASURER TREASURER'S DEPOSIT AGREEMENT Recitals i, G. H. Daniels,IlI and Gregory Hasenberg, as individuals (collectively referred.to herein as "OwneC'), entered into a 201O-Garfield County Treasurer's Deposit Agreement with the Board of County Commissioners of Garfietd County,. Colgrado ("BOCC") and the Treasure r of GarfieldCounty,C-olorado("Treasurer") aarca gl f lQ =, = -iid^*":jd"j,^-",:il;*piln;;;:;:\fro1fl ' of the ireal p'tut"Eo.d' of the Garfield countv clerk and Recorder ("Deposit A greement"). Z. Owner has presented certification to the BOCC frorn a licensed engineer that construction of Irnprovements is final and./or written approval from the Garfield County V"!.t"tion Managei that revegetation is successful and in accordance with the Improvements Agreement betwsen the BOCC and Owner recorded as Reception Number 1TSO7O c'IA"). Acknowledsement NOW THEREFORE, at the request of Owner and in consideration of the premises and the prior agreements contained in the Dlposit Ageement and the lA, the Bocc hereby: l. acknowtedges full satisfaction of the security requirements of the LA; Z. authorizes disbursement of funds from the Quicksilver Court Subdivision Treasurer's Account in the amount of $2,794.00, resulting in a remaining balance of $0.00; 3. authorizes and directs the Treasurer to release the funds held in the Treasurer's Account to George H. Daniels, II[- ATTEST: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Date: John Martin, ChairmanClerk to the Board