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Recepption#: 730924
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SUBDIVISION IMPROVEMENTS AGREEMENT
PANORAMA RESERVE SUBDIVISION
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement.") is made and
entered into this j rk. day of Au. i1 i f , 2007, by and between CORT LEWIS,
an individual ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD
COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic
and corporate, directly or through its authorized representatives and agents ("BOCC").
WHEREAS, Owner is the owner and developer of that real property located 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 records of the Clerk and Recorder for Garfield County on
February 8, 2007 as Reception No. 716952 approved a Preliminary 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"), submitted to the BOCC for approval as required by the laws of
the State of Colorado, Owner wishes to enter into this Agreement with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to the
BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to
certain restrictions and conditions regarding the sale of properties and issuance of building
permits and certificates of occupancy, all as is more fully set forth hereinbelow.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final
Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this
Agreement, the Preliminary Plan Approval, the Zoning Approvals, and the requirements of the
Garfield County zoning and subdivision regulations and any other governmental or quasi -
governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of
the Final Plat 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.
2. OWNER'S PERFORMANCE. Owner shall cause to be constructed and
installed, those subdivision improvements, identified in Subparagraph a. hereinbelow
("Subdivision Improvements"), at his own expense, including payment of all fees required by the
County and/or other governmental and quasi -governmental entities with jurisdiction. The
Subdivision Improvements shall be completed on or before the end of the first full year
Subdivision Improvements Agreement
Panorama Reserve Subdivision
Pie ; Return To:
Caloia,
1204 Grand
Glen : I Springs, C
on, P.C.
1601
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following execution of this Agreement, i.e., - e f 15 20.i$
(completion date), in substantial compliance with the following:
a. Plans marked "Approved for Construction" for all Subdivision Improvements 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 be submitted along with the Final Plat under pertinent sections of the
Garfield County subdivision and zoning regulations ("Final Plat Documents");
b. All requirements of the Preliminary Plan Approval;
c. All laws, regulations, orders, resolutions and requirements of the State of
Colorado, Garfield County, and all special districts and any other governmental or quasi -
governmental authority(ies) with jurisdiction; and
d. The provisions of this Agreement.
The BOCC agrees that if all the 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 Agreement, 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 IMPROVEMENTS.
a. Treasurer's Deposit Agreement. As security for Owner's obligation to complete
the Subdivision Improvements, Owner 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 form agreed to be acceptable to the BOCC,
hereto and made a part of this Agreement Exhibit C ("TDA"). The TDA shall reflect a deposit
by Owner with the County 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, unforeseen costs and other variables (not less than 10% of the estimated costs and
as approved by the BOCC), all as are as set forth and certified by Owner's Engineer on Exhibit
B.
b. Final Release of Security. Pursuant to the TDA, there shall be no Partial Releases
of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the
BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp of
Owner's Engineer certifying that all Subdivision Improvements have been constructed in
accordance with the requirements 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
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convey to the Panorama Reserve Homeowners' Association or other entity by the terms of this
Agreement, the Final Plat Documents, or the Preliminary Plan Approval; and 3) a Written
Request for Final 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 Subdivision Improvements.
The BOCC shall authorize a final release of the TDA after the Subdivision
Improvements are certified as final to the BOCC by the Owner's Engineer and
said final certification is approved by the BOCC. If the BOCC finds that the
Subdivision Improvements are complete, in accordance with the relevant
specifications, the BOCC shall authorize release of the final amount of security
within ten (10) days following submission of the Owner's Written Request for
Final Release of LOC accompanied by the other documents required by this
paragraph 3(b).
ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release
of TDA accompanied by Owner's 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.
iii. If the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, the BOCC shall authorize release of
the final amount of security within ten (10) days after completion of such
investigation. If necessary, the ROCC may complete remaining Subdivision
Improvements in accordance with process outlined in Paragraph 3(d).
c. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the
Owner's Written Request for Final Release of TDA, along with Owner's Engineer's Certificate
of Final Completion of Subdivision 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 determines that all or a portion of the
Subdivision Improvements certified as complete are not in substantial compliance
with the relevant specifications, the BOCC shall furnish a letter of potential
deficiency to the Owner, 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.
ii. 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.c.i.,
above, and provide written confirmation of the deficiency(ies) to the Owner.
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iii. If the BOCC finds that the Subdivision Improvements are complete, in
compliance with the relevant specifications, then the full amount of security shall
be authorized for release within ten (10) days after completion of such
investigation.
d. BOCC Completion of Improvements. if the BOCC finds, within the thirty (30)
day period of time, defined in subparagraph 3 (c)(ii) above, that the Subdivision Improvements
are not complete or otherwise deficient, or if the BOCC determines that the Owner will not or
cannot construct any or all of the Subdivision Improvements, whether or not Owner has
submitted a written request for release of TDA, the BOCC may withdraw and employ from the
TDA such funds as may be necessary to construct the Subdivision Improvements in accordance
with the specifications, up to the face amount, or remaining face amount, of the TDA. In such
event, the BOCC shall make a written finding regarding Owner's failure to comply with this
Agreement prior to requesting payment from the TDA. In lieu of or in addition to drawing on
the TDA, 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 Plat. The Final Plat of the Subdivision 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 to construction
thereof, and shall submit to Garfield County Building and Planning Department 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 shall be as shown 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 irrigation 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 Subdivision 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 traveled 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 Improvements Agreement Page 4 of 9
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6. CONVEYANCE OF WATER SUPPLY SYSTEM. In addition to all
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
quitclaim deed (real property) and bill of sale (personal property) by Owner to the Association at
the time of Final Plat Approval. Recordation of the deed 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 RIGHTS-OF-WAY. Whether or not utility easements exist
elsewhere in the Subdivision, all road rights-of-way within the Subdivision, whether public or
private, shall contain rights-of-way for installation and maintenance of utilities. Public utility
easements shall be dedicated by the Owner on the face of the Final Plat, subject to the Garfield
County Road and Right -of -Way Use Regulations, recorded as Reception No. 643477, in Book
1548, at Page 918 and as amended. The Association shall be solely responsible for the
maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with
the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair
and upkeep of any utility easements within the Subdivision. In the event a utility company,
whether publicly or privately owned, requires separate conveyance by deed or otherwise, Owner
shall also convey utility easements by separate documents.
8. INDEMNITY. The Owner shall indemzufy and hold the BOCC harmless and
defend the BOCC from all claims which may arise as a result of the Owner's installation of the
Subdivision Improvements and any other agreement or obligation of Owner related to
development of the Subdivision as required pursuant to this Agreement. The Owner, however,
shall not be required to indemnify the BOCC for claims made asserting that the standards
imposed by the BOCC are improper or the cause of the injury asserted, or from claims which
may arise from the negligent acts or omissions of the BOCC or its employees_ The BOCC shall
be required to notify the Owner of the BOCC 's receipt 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 paragraph. Nothing in this paragraph shall be construed to constitute a waiver
of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law.
9. ROAD IMPACT FEE. Owner shall pay a Road Impact Fee in the amount of
$6,278.92 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. Owner shall make a
cash payment in lieu of dedicating land to the RE -1 School District, calculated in accordance
with the Garfield County subdivision regulations and the requirements of state law. In
accordance with the above regulations and requirements the fee in lieu of dedication shall be
computed as follows:
Unimproved per acre market value of land, based upon an
appraisal submitted to the BOCC by Owner as required in the
Garfield County subdivision regulations: [$14,673.91; and
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Land dedication standard, 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 payment: $14,673.91 x 0.06
$880. 43]
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
payment in lieu of dedication of land to the RE -1 School District. Said fee shall be transferred
by the BOCC to the school district in accordance with the provisions of §30-28-133, C.R.S., as
amended, and the Garfield County subdivision regulations.
The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligation, and
waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The
Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording
of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the
RE -1 School District.
11. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The
Subdivision is included in the Carbondale and Rural Fire Protection District ("Fire District").
The Owner shall comply with all rules 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 tank that is 2000 gallons.
c. pay, prior to Final Plat Approval, an impact fee of one thousand
three hundred eleven dollars and zero cents ($1,311.04),
representing $437 per residential unit, to the District, as agreed
upon by the 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 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 District's purposes and all applicable District fees have been paid to the District.
Further, the parties agree that no certificates of occupancy shall issue for any buildings or
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structures, including residences, within the Subdivision until all Subdivision Improvements
have been completed and are operational as required by this Agreement, and until the Garfield
County Building and Planning Department. Owner shall provide the purchaser of a lot, prior to
conveyance of the lot, a signed copy of a form in substantially the same form as that attached to
and incorporated herein by reference as Exhibit 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, and the provisions for release of security, detailed in paragraph 3
above, it is mutually agreed by the BOCC and the Owner that the BOCC, without making an
election of remedies, or 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
Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to
bring an action for enforcement or to withhold permits or certificates or to withdraw and use
security. Nor shall this paragraph or any other provision of this 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 Agreement, 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 survey, legal description and a plat showing the
location of any portion of the Final Plat so vacated and shall record the plat in the Office of the
Garfield County Clerk and Recorder. if such plat is not recorded by the Owner, the BOCC
may vacate the plat, or portions thereof, by Resolution. It is specifically agreed that this
paragraph 14 applies to the Subdivision 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 Subdivision Improvements
covered by this Agreement are not completely installed and operable.
I5. 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. 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. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE
PROVISIONS. All notices required or permitted by this Agreement shall be in writing and
shall be deemed effective when received by the recipient party via personal or messenger service
delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt
requested), in all cases addressed to the person for whom it is intended at the address or facsimile
number set forth below:
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Owner:
Cort Lewis
1075 Saxony Drive
Highland Park, IL 60035
w/copy to representative:
Mary Elizabeth Geiger
Caloia, Houpt & Hamilton, P.C.
1204 Grand Ave.
Glenwood Springs, CO 81601
Phone: (970) 945-6067
Fax: (970) 945-6292
BOCC: 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
The Representatives of the Owner and the BOCC, identified above, are the authorized
representatives of the parties for purposes of contact administration and notice under this
Agreement.
18. AMENDMENT. This Agreement may be modified from time to time, but only
in writing signed by the parties hereto, as their interests then appear. The parties, however, may
change the identification of notice recipients and contract administrators and the contact
information, provided in paragraph 16 above, in accordance with the notice provisions and
without formal amendment of this Agreement.
19. COUNTERPARTS. This Agreement 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 Agreement shall lie with the District Court of Garfield County, Colorado,
and this Agreement shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon
the date of Final Plat Approval for the Subdivision.
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ATTEST:
m CteGr�..�a
Cl k to the Board
STATE OF\' f )
)ss
COUNTY OF )
Subscribed and sworn to before me this
Lewis, Owner ofthe Subdivision.
WITNESS my hand and official seal.
BOARD OF COUNTY COMMISSIONERS
GARFIELD C i4 •` , COLORADO
By:
Date:
Choi
OWNS
R
CORT LEWIS, an indi o
"OFFICIAL- SEAL'
Jane K. Klein
wry Public, State of Illinois
Cook County
My Commission Expires Septa, 2008
day of
, 2007, by Cort
Oft 411
Notary Public
Subdivision Improvements Agreement Page 9 of 9
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EXHIBIT A to
SUBDIVISION IMPROVEMENTS AGREEMENT
PANORAMA RESERVE SUBDIVISION
Subdivision Improvement Drawings
Prepared by Red Mountain Civil, Inc. Dated 12/13105 and
Marked "Approved for Construction"
On file with Garfield County Building & Planning Department
Cl
Panorama Reserve Subdivision Overall Site Plan
C2
Panorama Reserve Subdivision Drainage Plan
C3
Panorama Reserve Subdivision Roadway Plan
C4
Panorama Reserve Subdivision Water Storage Tank Plan
C4
Panorama Reserve Subdivision Road Grade and Alignment Plan
LEWIS-Exhibit A to SIA
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2007 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
PANORAMA RESERVE SUBDIVISION
Owner: CORT LEWIS, an individual
THIS 2007 GARFIELD COUNTY TREASURERS'S DEPOSIT AGREEMENT -
PANORAMA RESERVE SUBDIVISION IMPROVEMENTS ("Deposit Agreement")
is entered into by and between the Garfield County Board of
County Commissioners ("BOCC"), the Garfield County Treasurer,
Georgia Chamberlain ("Treasurer"), and CORT LEWIS, an individual
("Owner").
WHEREAS, the BOCC approved the Preliminary Plan Application
for Panorama Reserve Subdivision submitted to the BOCC by the
Owner by means of Resolution No. 2007-07 ("Resolution"), attached
hereto and incorporated herein as "Exhibit A"; and
WHEREAS, the BOCC and Owner entered into that certain
Panorama Reserve Subdivision, Subdivision Improvement Agreement
("SIA"), a copy of which is attached hereto and incorporated
herein as "Exhibit B"; and
WHEREAS, the SIA requires provision of sufficient financial
assurance of construction of "Improvements," 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 SIA, the BOCC
has approved Owner's use of a Garfield County Treasurer's Deposit
Agreement in lieu of a Letter of Credit as such financial
assurance; and
WHEREAS, the Treasurer is willing and able to hold such
funds in accordance with the Treasurer's statutory duties
outlined in Sections 30-10-701, et seq. 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 Treasurer the sum of Fifty -Five Thousand Seven Hundred
Seventy Dollars ($55,770) to secure construction of Improvements
within Panorama Reserve Subdivision, as defined in paragraph 2 of
the SIA, Exhibit B. In consideration of the service fee payable
to the Treasurer, identified in Paragraph II., below, the
Treasurer shall place the funds in an interest bearing account
and disburse funds therefrom in accordance with the terms of this
Deposit Agreement. Such account shall 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 Fee. The Treasurer's service fee
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to the terms and conditions of this Deposit Agreement.
II. Treasurer's Service Fee. The Treasurer's service fee
shall be, in accordance with Section 30-1-102(1)(c), C.R.S., as
amended, one percent (1.0H). of the deposited funds, i.e., Five
Hundred Fifty Seven dollars 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 shall be
paid by Owner:
A. 4_ in cash or by check made payable to the Garfield
County Treasurer, as noted in the "Receipt" section of this
Deposit Agreement (page 6), on or before the date of execution of
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 shall be paid to Owner as part of the single
disbursement detailed in Paragraph III., below. The Treasurer
shall thereafter provide to Owner a report of interest earned, as
required by state and federal tax law, or;
B. _ in lieu of paying the 1.0% Treasurer's service fee,
Owner may grant to the Treasurer the right to accrue and earn all
of the interest paid on the Gilead Gardens Improvements
Treasurer's Account over the term of this Deposit Agreement, as
identified in Paragraph TV., below.. Such grant, if made, is shown
by the initials of Owner's authorized representative placed in
this subparagraph B.
III. Disbursement Procedure. Disbursement from the Panorama
Reserve Subdivision Improvements Treasurer's Account shall be made
by the Treasurer upon the written direction of the BOCC, as
follows:
A. Request for Review and Approval. Upon completion of
construction of Improvements, as defined in Exhibit B, Owner shall
provide a certification of final completion of Improvements signed
by Owner's licensed engineer, along with a written request for
release of security.
B. Deficiencies. If the Board of County Commissioners
refuses approval of the engineer's certification of approval, the
BOCC shall provide written notice of deficiency in substantial
compliance with the provisions of paragraph 3.b. of the SIA, and
Owner shall correct the identified deficiencies.
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C. Single Request for Disbursement. This Deposit Agreement
does not provide for successive partial releases or disbursements
from the Panorama Reserve Subdivision Improvements Treasurer's
Account. One (1) final disbursement shall be requested by Owner,
upon completion of construction of Improvements. Owner
specifically recognizes and agrees that partial releases of the
Letter of Credit, outlined in paragraph 3 of the SIA, do not apply
to this Deposit Agreement.
D. Request for Disbursement/Release. Owner shall request
disbursement by means of a written "Request for Disbursement,"
addressed to the BOCC and delivered to the Garfield County
Building and Planning Department. The Request for Disbursement
shall be accompanied by as-built/record drawings of the
Improvements, stamped by Owner's engineer, and by Owner's
engineer's certification of completion of Improvements, certifying
that all Improvements have been constructed in accordance with the
requirements of the SIA.
B. B• ' Acknowled• ent an. Directi• Upon review of the
submittals required by subparagraph D., above, if the BOCC
approves Owner's engineer's certification, the BOCC shall issue
its "Acknowledgment of Satisfaction and Direction to Treasurer",
in a form substantially similar to that document attached to and
incorporated herein by reference as "Exhibit C".
F. BOCC's Completion of Improvements. If Owner's completion
of Improvements is deemed unsatisfactory, in the sole discretion
of the BOCC, within the period of time defined in Paragraph IV.,
below, or if the BOCC determines that Owner will not or cannot
complete the Improvements under the SIA, the BOCC may withdraw and
employ from the Panorama Reserve Subdivision Improvements
Treasurer's Account such funds as may be necessary to carry out
construction. If funds are inadequate, responsibility to complete
remaining Improvements shall be that of the Owner, not the BOCC.
If the BOCC elects to complete the Owner's work, expenditure on
the effort shall be no more than the principal amount of the
Panorama Reserve Subdivision Improvements Treasurer's Account,
plus interest, if interest is due Owner, and minus interest, if
interest is due to the Treasurer, under terms of Paragraph II.,
above. If the cost of the work to the BOCC is less than the
amount available, the BOCC shall return the overage to Owner
within a reasonable period of time following completion by the
BOCC.
IV. Term. The term of this Deposit Agreement shall begin on
the date of execution, as defined below, and end on or before the
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"Completion Date" plus six (6) months, as expressly defined in the
SIA.
V. Waiver, Consent and Indemnity. Owner consents to the
disbursement procedure and other actions authorized and provided
for by the terms of this Deposit Agreement. Owner waives any
claim 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 shall defend, indemnify and hold harmless the
BOCC, its officers, employees, 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
against the Treasurer involving this Deposit Agreement, unless
such claim is premised upon the wanton and willful misconduct of
the Treasurer.
VII. Binding Effect. This Deposit Agreement shall be binding
on the successors 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.Immunitity. Nothing contained in this Deposit Agreement
constitutes a waiver of governmental immunity applicable to the
BOCC under Colorado law.
IX. No Agency. The making and execution of this Deposit
Agreement shall not be deemed to create a partnership, joint
venture, or agency or fiduciary relationship among the parties.
X. Integration. This Deposit Agreement constitutes the
entire agreement among the parties pertaining to the method of
deposit and disbursement 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, shall be binding unless executed in writing in
a document of equal formality as this Deposit Agreement.
XI. Notices. Any notice required or permitted by this
Deposit Agreement shall be given in writing and shall be effective
upon the date of delivery, or attempted delivery if delivery is
refused. Delivery shall be made in person, or by certified return
receipt requested U.S. Mail or receipted delivery service to:
Ell NI ,14101 0fellt! 11111
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[continued on next page]
BOCC
c/o Building & Planning Dept
attn: Fred Jarman, Director
108 8th Street, 4th Floor
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Garfield County Treasurer
Georgia Chamberlain
109 8th Street, Suite 204
Glenwood Springs, CO 81601
Phone: (970) 945-6382
caner
Cort Lewis
.1075 Saxony Drive
Highland Park, IL 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) 945-6067
Changes in address, phone number and identity of contact person
(s), shall be made in writing, and may be made without formal
amendment of this Deposit Agreement.
WHEREFORE, the parties have caused this Deposit Agreement to
be effective on the date of execution by the BOCC, as beneficiary,
noted below.
ATTEST:
rnsl
17 v
lerk to the =:ti �a� Oi John ��. �"� h-rman
BENEFICIARY:
RD OF COO TY ►.MMISSIONERS
GAR ELD CO, TY, •OLORADO
111111IfWMPEPOWNiIi4'l1fig:u44LII 111111
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Date:
[signatures continued on following page]
State of Illinois )
ss.
}
County of Cook
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
By:
..1
Georgia amberlain, Treasurer
Date:
DEPOSITOR/OWNER;
SSN: 5, -3- ib
Date:
er Identification Number)
Subsc ibed and sworn to before me this day of
, 2007, by Cort Lewis.
Witness my hand and official se
My Commission expires:
'OFFICIAL SEAL'
Jane K Klein
Notary Pub4C. Stag of Minds
Cook County
My Commission Expires Sept 6, 2008
a00 g
Public
01111
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RECEIPT
Check No. WirGtivtS ; or
Cash t
Received
By: Ce. eS{f{c4 rt. 0,4-b u4, D0-eutk tcm.ir $54117. 70
Print Name: C 7/4./07 -
Title: ��2td�%✓��—r�L�SIc�L��
Office of t e Treasurer
Date: -7-(-a
Form 1099 shall be sent to:
Cort Lewis
1075 Saxony Drive
Highland Park, IL 60035
1111K FAIANCtili11.10000A WW1 ai 111
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STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado. held in the Commissioners` Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, December 4.2006, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt _, Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings. among others were had and done, to -wit:
RESOLUTION NO.2 ° 0 7 -U7
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY
PLAN APPLICATION FOR THE PANORAMA RESERVE SUBDIVISION
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Preliminary Plan Application from Cort Lewis to subdivide a 46.069 -acre
property into 3 residential lots having approximately 10, 8.1, and 27.9 acres and which
property is generally located in the Missouri Heights area, approximately 3 miles north of
Catherine Store in Section 17. Township 7 South, Range 87 West of the 6th P.M.,
Garfield County; and
WHEREAS, the subject property is Iocated in the Agricultural / Residential /
Rural Density (ARRD); and
WHEREAS, on September 13, 20015, the Garfield County Planning and Zoning
Commission forwarded a recommendation of approval with conditions to the Board of
County Commissioners for the Preliminary Plan; and
WHEREAS, on December 4, 2006, the Board of County Commissioners opened a
public hearing upon the question of whether the Preliminary Plan should be granted,
granted with conditions, or denied at which hearing the public and interested persons
were given the opportunity to express their opinions regarding the issuance of said
Preliminary Plan; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
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December 4, 2006 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication. public notice, and posting was provided as required by law
for the hearings before the Planning and Zoning Commission and before the Board of
County Commissioners.
2. That the public hearings before the Planning and Zoning Commission and the Board
of County Commissioners were extensive and complete; all pertinent facts, matters
and issues were submitted; and that all interested parties were heard at those hearings.
3. The application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Subdivision Regulations of 1984, as amended.
4. That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County.
5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution
of 1978, as amended.
6. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the Preliminary Plan request is approved with the following conditions
1. That all representations made by the Applicant in the application, and at the
public hearing before the Board of County Commissioners and Planning
Commission, shall be conditions of approval. unless specifically altered by the
Board of County Commissioners.
2. The applicant shall place the following plat notes on the final plat and in
protective covenants:
a. "Colorado is a "Right-to-Farrn" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the
activities, sights, sounds and smells of Garfield County's agricultural
operations as a normal and necessary aspect of living in a County with a
strong rural character and a healthy ranching sector. All must be prepared
to encounter noises, odor, lights, mud, dust, smoke chemicals. machinery
on public roads, livestock on public roads, storage and disposal of manure,
and the application by spraying or otherwise of chemical fertilizers, soil
2
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amendments, herbicides, and pesticides, any one or more of which may
naturally occur as a part of a legal and non -negligent agricultural
operations."
b. "No open hearth solid -fuel fireplaces will be allowed anywhere within the
subdivision. One (1) new solid -fuel burning stove as defied by C.R.S. 25-
7-401, et. seq., and the regulations promulgated thereunder, will be
allowed in any dwelling unit. All dwelling units will be allowed an
unrestricted number of natural gas burning stoves and appliances."
c. "All owners of land, whether ranch or residence, have obligations under
State law and County regulations with regard to the maintenance of fences
and irrigation ditches, controlling weeds, keeping livestock and pets under
control, using property in accordance with zoning, and other aspects of
using and maintaining property. Residents and landowners are
encouraged to [earn about these rights and responsibilities and act as good
neighbors and citizens of the County. A good introductory source for such
information is "A Guide to Rural Living & Small Scale Agriculture" put
out by the Colorado State University Extension Office in Garfield
County."
d. "AU exterior lighting will be theminimum amount necessary and all
exterior lighting will he directed inward and downward towards the
interior of the subdivision, except that provisions may be made to allow
for safety lighting that goes beyond the property boundaries."
e. '`One (1) dog will be allowed for each residential unit and the dog shall be
required to be confined within the owner's property boundaries."
f. "All building foundations and individual sewage disposal systems will be
designed by professional engineer registered in the State of Colorado."
3. The Applicant shall create an unincorporated Homeowners Association.
4. A covenant shall be added, requiring that any trash cans be "bear proof".
5. The Applicant shall insert the ISDS maintenance agreement/plan into the
protective covenants, with provisions for homeowners to pay a portion of the
annual dues to cover the .inspection requirements of the plan, by a qualified
professional hired by the HOA.
6. The Applicant shall make a cash payment in -lieu of dedicating land to the RE -1
School District in the amount and at the time as set forth in the Garfield County
Regulations
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7. The Applicant shall pay the Carbondale Fire Protection district impact fee of
$437/dwelling unit prior to Final Plat approval.
8. The Applicant shall pay the applicable traffic impact fee in the amount and at the
time as set for in the Garfield County Regulations.
9. The road shall be a public road and right of way dedication shall be at the time of
final platting. A plat note using the standard dedication certificate language as set
for by Garfield County shall be used.
10. Any recommendations from the State Geological Survey will be incorporated into
any conditions of approval made by the Board of County Commissioners and
shall be specifically included in the covenants and as plat notes on the Final Plat.
11. By this approval, the Board of County Commissioners specifically waives the
requirement that the water system shall be a looped system as required in Section
9:53 of the Subdivision Regulations of 19$4 as amended.
12. The detention structures proposed on each lot shall be built by the Applicant and
included in the Subdivision Improvements Agreement at Final Plat.
13. The Applicant shall delineate. legally describe, and convey all easements shown
an the plat to the Homeowners Association. This dedication needs to be in a form
acceptable to the County Attorneys Office and transfer shall occur at the time of
recording the final plat. These easements shall include, but are not limited to all
drainage easements, shared water system easements (domestic wells and water
storage tank), storm -water drainage easements. all internal roads (which will be
dedicated to the public on the face of the final plat) and any access and
maintenance easements that need to be provided for in the common open space.
14. That all residential structures on all the lots shall be constructed with sprinkler
systems in accordance with NFPA 13D — Standard for the Installation of
Sprinkler Systems in One and Two -Family Dwellings.
Dated this 541" day of-Fe-L(1ot? A.D. 2007.
ATTES's.
(•) Jr
•
fc
Cl �' of the Board
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GAD COUNTY,
CO
4
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D
Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin , Aye
Larry McCown , Aye
Tresi Houpt , (Recused)
STATE OF COLORADO )
)ss
County of Garfield )
i, , County Clerk and ex -officio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the- Board of County Commissioners for said Garfield County, now in my
office.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of A.D. 2007
County Clerk and ex -officio Clerk of the Board of County Commissioners
5