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HomeMy WebLinkAbout3.0 SIA's1111111111111111111111111111111111111111111111111111111 576357 02/21/2001 10:46A 61232 P777 M ALSDORF 1 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO SUBDIVISION IMPROVEMENTS AGREEMENT Riverview Ranch Subdivision This Agreement is made and entered into by and between the Board of County Commissioners of Garfield County, State of Colorado (the "County") and Robert M. Regulski (the "Owner"). Introduction A. Owner is the owner and developer of certain real property located in Garfield County, Colorado, known as Riverview Ranch Subdivision (the "Property"), which real property is also described as indicated on the attached Exhibit A. 13. Preliminary Plat approval for Riverview Ranch Subdivision was obtained under the terms and conditions set forth in County Resolution No. 2000-71 . C. Owner has submitted to the County for its approval, final documents and a Final Plat for Riverview Ranch Subdivision (the "final plat documents"), and has completed certain subdivision improvements with respect to the development, all as more particularly set out hereafter. D. This Agreement constitutes the Subdivision Improvements Agreement (the "SIA") required and intended to secure the faithful construction and installation of the subdivision improvements required as a condition to Final Plat approval. Agreement The parties, for and in consideration of the premises and the following mutual covenants and agreements, agree as follows: 1. Final plat approval: The County hereby accepts and approves the Final Plat of Riverview Ranch Subdivision, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the Preliminary Plat approval and the requirements of the Garfield County Zoning and Subdivision Regulations. Owner's performance: Owner has constructed and installed at his own expense, those subdivision improvements related to Riverview Ranch Subdivision, which are required to be constructed as shown the attached Exhibit B to this Agreement 1 -19 i 111111 11111 111111 11111 111111 iii 1111111 111 11111 1111 uii 576367 02/21/2001 10:46A 81232 P778 M ALSDORF 2 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO and the Final Plat documents. The cost of completion of the subdivision improvements related to the Property is as set out and certified by a licensed engineer on Exhibit C. Expenses for completion of the subdivision improvements have already been paid to the appropriate contractors or utilities. The Owner shall comply with: a. The final plat documents submitted prior to or at the time of final plat approval. (Such documents are incorporated herein by reference and made a part of this Agreement); b. All requirements of Resolution No. 2000-71, A Resolution concerned with the approval of a Preliminary Plan for The Riverview Ranch Subdivision, and all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to Riverview Ranch Subdivision. c. All laws, regulations, orders, and resolutions of Garfield County and affected special districts, as the same apply to Riverview Ranch Subdivision. d. All designs, maps, specifications, sketches and other materials submitted to and approved by any of the above -stated governmental entities; and e. The improvements to be constructed by Owner shall include, but are not limited to, the following: I. Construction of Shore Road as indicated on the Final Plat and engineering drawings previously submitted. ii. Extension of electrical and gas service to Lots 1-5 of the Property as indicated on the Final Plat and engineering drawings previously submitted. Lot 6 has existing electrical and gas service available. iii. Extension of the telephone service to Lots 1-5 as indicated on the Final Plat and engineering drawings previously submitted. Lot 6 has existing telephone service available. The County agrees that if the owner complies with all of the terms and conditions of this agreement in accordance with the foregoing provisions of this paragraph, then Owner shall be deemed to have satisfied all of the terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 2 1 111111 11111 111111 11111 111111 I!I 1111111 111 11111 1111 ID 576357 02/21/2001 10:46A 81232 P779 M ALSDORF 3 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO 3. Security for Improvements a. No security for the subdivision improvements indicated in Exhibit B shall be necessary as all required improvements have been completed as of the date of this document. Garfield County reserves the right to inspect said improvements prior to signing the final plat and other related final plat documents to determine compliance with relevant specifications and the engineering drawings previously submitted. 4. School impact fees: The parties recognize and agree that the approval of the Final Plat constitutes approval of 6 single family lots, 5 of which are considered "new" parcels. The parties agree that school impact fees shall be $200.00 per each new parcel for a total of $1000.00 or such other amount as may be established by the County at the time of approval of the Final Plat. The Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. It is noted that these fees have already been paid at the time of the signing of this agreement. The Owner agrees that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 5. Road Impact Fees: Road impact fees for each unit built (including accessory dwelling units) shall be paid to Garfield County at the time of building permit application. These fees will be based on the current formula in use by the County at the time to determine such fees. 6. Issuance of building permits: As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. 7. Consent to vacate Plat: In the event the Owner fails to comply with the terms of this agreement, including the terms of the Preliminary Plan, as amended, the County shall have the ability to vacate the Final plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 8. Indemnity: To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this Agreement. However, the Owner does not indemnify the County for claims made 3 1 quo 11111 111111 11111 111111 iii iuinuu 11111 1111 1111 576357 02/21/2001 10 46A B1232 P780 M ALSDORF 4 of 10 R 0.00 0 0.00 GARFIELD COUNTY CO asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue, and 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 County's rights under this paragraph. Nothing herein stated shall be interpreted to require Owner to indemnify the County from claims which may arise form the negligent acts or omissions of the County or its employees. 9. Sale of lots: No lots within the proposed subdivision that is the subject of this Agreement shall be conveyed prior to the recording of the Final Plat. All lots may be sold and building permits issued prior to completion of the improvements referenced in Section 2.e.i. through 2.e.iii. All lot owners shall receive a copy of the Disclosure Statement as attached in Exhibit D. Lot 6 will be accessed from Garfield County Road No. 335 and utility service lines and an existing well are available on Lot 6 to provide necessary utility and water service to this lot. 10. Enforcement: In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. 11. Binding effect: This Agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 12. Recording: Upon execution and authorization by the County, the Owner shall record this Agreement with the Office of the Clerk and Recorder for Garfield County, Colorado. 13. Venue and jurisdiction: Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 14. Amendment: The parties hereto agree that this Agreement may be amended from time to time, provided that such an amendment is in writing and signed by the parties. 15. Notice: All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this Agreement. 4 1 111111 11111 nuu iiiii 111111 111 1111111111 uiii ilii iui 575357 02/21/2001 10 46A B1232 P781 11 ALSDORF 5 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this Robert M. Regulski P.O. Box 9 Rifle, CO 81650 Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Robert M. Regulski P.O. Box 9 Rifle, CO 81650 With copy to: Tom Stuver Stuver & George, PC P.O. Box 907 Rifle, CO 81650 day of, , 200/ Board of County Commissioners Garfield County, Colorado By: ' obert . Regul wner 5 Cl rk to the Board • I- 111111111111111111111111111111111111111111111111111111 576357 02/21/2001 10:46A B1232 P782 M ALSDORF 6 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A LEGAL DESCRIPTION A parcel of land situated in Section 12, Township 6 South, Range 92 West of the 6th Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Commencing at an iron post and brass cap properly marked and found in place for the North Quarter corner of section 7, Township 6 South, Range 91 West of the 6th Principal Meridian, thence S. 57° 21' 39" W. 7128.11 feet to a point on the North right-of-way of County Road No. 335, the True Point of Beginning; (whence the East Quarter Comer of said Section 7, a rock properly marked and found in place, bears N. 81° 33' 20" E. 8700.41 feet); thence N. 11° 29' 10" W. along a line running 5.00 feet easterly of the centerline of an existing water pipeline, 288.07 feet to a point in an existing fence line; thence N. 81° 32' 30" E. along said fence 274.55 feet; thence N. 26° 11' 04" E. along said fence 24.23 feet; thence N. 80° 30' 25" E. along said fence 114.03 feet; thence leaving said fence N. 03° 43' 38" W. 320.17 feet to the headgate of an existing ditch on the south bank of the Colorado River; thence S. 84° 30' 14" E. 501.14 feet; thence N. 81° 22' 24" E. 727.16 feet to a point of intersection with the centerline of a gulch; thence leaving said south bank S. 13° 52' 34" E. along said centerline of gulch, 174.31 feet; thence S. 48° 03' 12" E. along said centerline 121.91 feet; thence S. 27° 56' 41" E. along said centerline 448.28 feet; thence S. 01° 52' 47" E. along said centerline 403.72 feet; thence S. 11° 26' 42" W. along said centerline 266.41 feet; thence S. 00° 12' 39" E. along said centerline 92.43 feet to a point on the north right-of-way of County Road No. 335; thence N. 83° 28' 24" W. along said north right -of -way 141.16 feet; thence along said north right-of-way along a curve to the right, having a central angle of 21° 33' 26" and radius of 838.83 feet, a distance of 315.61 feet (chord bears N. 72° 41' 40" W. 313.75 feet); thence along said north right-of-way N. 61° 54' 57" W. 153.62 feet; thence along said north right-of-way along a curve to the left, having a central angle of 02° 14' 38" and radius of 1141.22 feet, a distance of 44.70 feet (chord bears N. 63° 02' 18" W. 44.69 feet); thence along said north right-of-way N. 64° 09' 36" W. 523.71 feet; thence along said north right-of-way along a curve to the left, having a central angle of 05° 20' 57" and radius of 1054.62 feet, a distance of 98.46 feet (chord bears N. 66° 50' 04" W 98.42 feet); thence along said north right-of-way N. 69° 30' 32" W. 207.37 feet; thence along said north right-of-way along a curve to the left, having a central angle of 18° 29' 59" and radius of 613.99 feet, a distance of 198.24 feet (chord bears N. 78° 45' 31" W. 197.38 feet); 111111111111111111111111111111111111111111111111111101 576357 02/21/2001 10 46A B1232 P763 M ALSDORF 7 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO thence along said north right-of-way N. 88° 00' 32" W. 129.75 feet; thence along said north right-of-way line along a curve to the right, having a central angle of 51° 37' 03" and radius of 185.79 feet, a distance of 167.38 feet (chord bears N. 62° 11' 59" W. 161.77 feet) to the True Point of Beginning. 11111 111111 11111 III 11 11111111111111! 11111111 676357 02/21/2001 10:46A B1232 P784 M ALSDORF 8 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B RIVERVIEW RANCH SUBDIVISION SUBDIVISION IMPROVEMENTS ESTIMATED ITEM DESCRIPTION QUANTITY UNIT Riverview Ranch Road Earthwork / Grading 6" Pit Run Gravel Roadbase 4" of 3/4" Gravel Surface 12" Culvert Pipe 18" Culvert Pipe Utilities Holy Cross Electric US West Telephone Natural Gas (Public Service) Utility Trenching Road Crossing Conduit Lump sum 2552 Tons 1560 Tons 80 Feet 40 Feet Lump sum Lump sum 2400 Feet 4200 Feet 360 Feet ITEM DESCRIPTION RIVERVIEW RANCH ROAD EARTHWORK/GRADING 6" PIT RUN GRAVEL 3" GRAVEL ROADBASE 4" OF 3/4" GRAVEL SURFACE 12" CULVERT PIPE UTILITIES HOLY CROSS ELECTRIC USWEST TELEPHONE NATURAL GAS (PUBLIC SERVICE) UTILITY TRENCHING ROAD CROSSING CONDUIT EXHIBIT C RIVERVIEW RANCH SUBDIVISION CONSTRUCTION COST ESTIMATE ENARTECH, INC. 6/19/2000 REVISED 11/06/2000 ESTIMATED UNIT TOTAL COMPLETE REMAINING QUANTITY Utlll COST COST ON 10/20 ON 10/20 LUMP SUM $ 6,000 $ 6,000 100% $ 956 TONS $ 7.00 $ 6,692 100% $ 2591 TONS $ 7.00 $ 18,137 100% $ 2824 TONS $ 9.00 $ 25,416 100% $ 120 FEET $ 20 $ 2,400 100% $ LUMP SUM $ 25,000 $ 25,000 100% $ LUMP SUM $ 4,543 $ 4,543 100% $ LUMP SUM $ 6,129 $ 6,129 100% $ 4200 FEET $ 4.50 $ 18,900 100% $ 360 FEET $ 7.00 $ 2,520 100% $ .,.4051111;44,4, TOTAL: $ ca IA -4o co �r W^ r -4 m — 1%) m rN!� • � 061 CSO N� D co • r^ co m .. G7 01= 33 3- •1 Wrn - Mrs^ O N= C)-u— O - — cw= Z UI ••••C a — o r— v —•••• o i iniii uiu nmi iiiii miu ui iiiiiii iii nail m 1111 576357 02/21/2001 10:46A B1232 P786 M ALSDORF 10 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO EXHIBIT D DISCLOSURE STATEMENT Required by Senate Bill 91-14 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor.