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Reception No; 342515 MILDRED ALSDORF, REGCRDER
SUBDIVISION IMPROVEMENTS AGREEMENT
2/171°
THIS AGREEMENT, made and entered into this day of May, 1983,
between Ann Catherine Robinson, hereinafter referred to as "Developer", and the
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, hereinafter
referred to as the "County", WITNESSETH:
WHEREAS, Developer is the owner of certain real property located in
Garfield County, Colorado, more particularly described on the final plat for
Rifle Creek Ranch, which is filed on even date herewith, which real property is
now known as "Rifle Creek Ranch", hereinafter referred to as the "Development",
and containing a legal description contained in Exhibit "A", which is attached
hereto and incorporated herein by reference;
WHEREAS, as a condition of approval of the final plat (hereinafter
referred to as the "Plat") for the Development, Developer wishes to enter into
this Subdivision Improvements Agreement (hereinafter referred to as
"Agreement") with the County;
WHEREAS, the County has required and Developer has agreed to provide
security or collateral sufficient in the judgment of the County to make
reasonable provision for completion of certain public improvements as set forth
on Exhibit "B" attached hereto and incorporated herein by this reference; and
WHEREAS, Developer has agreed to execute and deliver a letter of
credit to the County to secure and guarantee its performance of this Agreement
and has agreed to certain restrictions regarding the issuance of building
permits and certificates of occupancy within the subdivision, all as more fully
set forth hereinafter.
NOW, THEREFORE, for and in consideration of the premises and the
following mutual covenants and agreements, the parties hereby agree as follows:
1. Developer's Performance. On or before October 1, 1985, Developer
agrees to construct and install, or to cause to be constructed and installed,
at its sole expense, those public improvements set forth in Exhibit "B". As
provided for below, the Developer shall be allowed to construct said
improvements on a phased basis. Developer agrees that all of the public
improvements to be completed as identified on Exhibit "B" attached hereto shall
be constructed in compliance with the following:
a) All final plat documents submitted prior to or at the
time of final plat approval.
b) All laws of the United States, State of Colorado, and
its various agencies, affected special districts,
and/or municipalities providing utility services.
c) Such other designs, drawings, maps, specifications,
sketches and other matter submitted to and approved by
any of the above -stated governmental entities.
The County agrees that provided such improvements are installed in accordance
with this paragraph one, then Developer shall be deemed to have satisfied all
terms and conditions of the zoning and subdivision laws, resolutions and
regulations of Garfield County, Colorado including, but not limited to,
Resolution No. 82-84 adopted by the -County on April 12, 1982, and Resolution
No. 82-225 adopted by the County on August 23, 1982.
2. Cost of Improvements. It is understood, for purposes of this
agreement, that the cost of all -of said public in rovements is Two Hundred
Sixty -Eight Thousand Four Hundred Seven Dollars and No/Cents ($268,407.00),
("Total Construction Costs"), based upon the engineering cost estimates set
forth on Exhibit "B", which amount the County finds reasonable and hereby
approves and accepts. Developer shall provide, on request of the County,
written confirmation of such estimates by Developer's engineering consultants
and the public utilities furnishing such improvements.
11Poox 628 f!rjc 1_79
3. Phasing. The public improvements, listed in Exhibit "B", shall be
constucted in two (2) phases: Phase One consisting of Lots 1 through 5 of
Block 2, and Phase 'No consisting of Lots 1 through 11 of Block 1. The public
improvements in Phase One shall be completed and approved by the County prior
to the beginning of construction of the public improvements in Phase Two.
4. Security for Improvements. On or before June 1, 1984, Developer
shall deliver a letter of credit issued by a state or national banking
institution which is licensed to do business in the State of Colorado, in a
form acceptable to the County, which acceptance shall not be unreasonably
withheld. Me amount of said letter of credit shall be equal to the "Total
Construction Costs" of Eighty -Two Thousand Five Hundred Seven Dollars and
No/Cents ($82,507.00), plus a ten percent (10%) contingency of Eight'Thousand
Two Hundred Fifty Dollars and No/Cents ($8,250.00), for a total amount of
Ninety Thousand Seven Hundred Fifty -Seven Dollars and No/Cents. In the event
Developer fails to deliver said letter of credit by June 1, 1985, then the Plat
may be vacated by the County and in such event all approvals of the Subdivision
by the County shall be deemed to have been withdrawn and rendered null and void
by such vacation and all parties shall be released from any further obligation
hereunder. Contemporaneously with the execution of this Agreement, Developer
has delivered its written consent to said vacation in the event an acceptable
letter of credit is not delivered within the time provided; and this consent is
binding upon its successors and assigns.
On or before June 1, 1985, the Developer shall deliver a letter of
credit for construction of the public improvements in Phase Two, which letter
of credit shall be in the amount of One Hundred Sixty -One Thousand Five Hundred
Dollars and No/Cents ($161,500.00), plus a ten percent (10%) contingency of
Sixteen Thousand One Hundred Fifty Dollars and No/Cents ($16,150.00), for a
total amount of One Hundred Seventy -Seven Thousand Six Hundred Fifty Dollars
and No/Cents ($177,650.00). The public improvements in Phase Two shall be
constructed and approved by the County prior to October 1, 1986.
Upon Developer delivering to the County said letter of credit,
Developer shall be entitled to enter into pre -sales agreements for the sale of
lots. However, no title to lots shall be conveyed nor building permits issued
until the County has accepted the completed improvements. Upon delivery to the
County of said letter of credit, the County shall issue written approval in a
form recordable in the office of the Recorder of Garfield County, Colorado,
stating that said letter of credit has been provided pursuant to this Agreement
and that pre -sales agreements ray be made. However, the County shall not be
required to issue building permits for any buildings constructed within the PUD
until such time as all improvements have been accepted by the County, which
acceptance shall not be unreasonably withheld, provided that in the event
weather or other factors beyond the reasonable control of Developer delay the
installation of sidewalk, curb and gutter or surface paving, such delay shall
not prevent the issuance of building permits so long as the letter of credit
remains in full force -and effect. •
Upon receipt from Developer of its certification that the public
improvements set forth on Exhibit "B" have been completed and paid for, the
County shall return to Developer the letter of credit marked "satisfied in
full" and shall acknowledge that all improvements have been completed in a
satisfactory manner and shall otherwise release the aforesaid letter of credit,
in recordable form if requested by Developer.
The County may, at its option, permit Developer to substitute other
collateral acceptable to the County for the collateral origianally given by
Developer to secure the completion of the improvements as hereinabove provided.
5. Notice of Deficiencies. If the County determines that the
improvements within any phase are not constructed in compliance with the
specifications therefor, it shall furnish a written list of specific
deficiencies to Developer. If the deficiencies have not been corrected, or if
satisfactory arrangements have not been made to correct such deficiencies
within thirty (30) days after the list is furnished, the County may draw on the
letter of credit such funds as may be necessary to acconu lish the construction
of the improvements in accordance with such specifications.
2
• BOOK 628 PGE
6. Improvement Sequence. Paving of the street improvements required
to be completed by Developer shall not be done until all utility lines to be
placed in or under the streets have been completely installed.
7. 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 or unit within the subdivision shall have the authority to bring an action
in the District Court of Garfield County, Colorado, to compel the enforcement
of this Agreement. Such authority shall include the right to compel rescission
of any sale, conveyance, or transfer of any lot or unit contrary to the
provisions of this Agreement, or as set forth on the Plat of the subdivision,
or in any separate recorded instrument. Any such action shall be commenced
prior to the issuance of a building permit by the County for such lot or unit;
and in the event no such action is so commenced, then the County and any
purchaser shall be deemed to have waived their rights and authority herein
provided.
8. Approval of Plat. The County agrees to approval of the Plat
subject to the terms and conditions of this Agreement.
9. Amendment. This Agreement may be amended from time to time,
provided that such amendment be in writing and signed by the parties hereto.
10. Binding effect. This Agreement shall be a covenant running with
the title to each lot or unit within the subdivision and the rights and
obligations as contained herein shall be binding upon and inure to the benefit
of Developer, its successors and assigns.
ATTEST:
ATTEST:
Clerk to the Board
ZZ PAzzo..C)
BOARD OF COUNTY CCU IONERS
GARFIELD COUNTY,
3
,an
DEVELOPER:
Catherine Robinson
1
CONSENT TO VACATION OF PLAT
BOOK 628 PAGE181
Ann Catherine Robinson, as owner of certain real property located in
Garfield County, Colorado, more particularly described in Exhibit "A",
attached hereto and incorporated herein by this reference, and pursuant to
the Subdivision Improvements Agreement, dated the day of
1983, between Ann Catherine Robinson, self, and the Board of County
Commissioners of Garfield County, Colorado, which Agreement, provided inter
alia, that if a letter of credit issued by a National Banking Institution for
the construction of subdivision improvements in a form acceptable to Garfield
County has not been delivered on or before the 1st day of June, 1984, the
subdivision plat of Rifle Creek Ranch shall be vacated in its entirety. By
this instrument delivered to the County of Garfield by the aforesaid Ann
Catherine Robinson, the consent of the undersigned is hereby given to the
filing of such instruments of vacation that the County may deem proper or
advisable.
DATED this day of May, 1983.
4
DEVELOPER:
/'-
Ann
Ann Catherine Robinson
• •
EXHIBIT "A"
BOOK 628 P!CE 1Sti
A parcel of land situated in Lots 3 and 4 of Section 19, Township 5 South,
Range 92 West of the Sixth Principal Meridian, Garfield County,
Colorado, lying partly Westerly of the Westerly right-of-way line of Colorado
State Highway No. 325 and Northerly of the Rifle Creek Estates Subdivision
as platted and filed in :the Garfield County, Colorado records, said parcel
of land is more fully described as follows:
Beginning at the Southwest Corner of said Section 19; thence N.00°03'29"W.
1326.01 feet along the West line of said Lot 4; thence N.00°04'59"W.
along the West line of said Lot 3, 1325.71 feet to the West Quarter Corner
of said Section 19; thence S.89°56'43"E. along the East-West Centerline
of said Section 19, 1350.44 feet to the Northeast Corner of said Lot 3;
thence S.00°10'46"E. 763.22 feet along the East Line of said Lot 3;
thence S.87°10'28"W. 718.03 feet; thence 64.95 feet along the arc of a
curve to the right, having a radius of 156.319 feet, the chord of which
bears: S.78°17'27"W. 64.48 feet to a point on the Easterly right-of-way
line of said highway; thence N.89°48'21"W. 60.00 feet to a point on the
Westerly right-of-way line of said highway; thence, along said Westerly
right-of-way line, S.00°11'39"W. 329.90 feet; thence 105.78 feet along
the arc of a curve to the left, having a radius of 517.935 feet, the
chord of which bears: S.05°39'24"E. 105.60 feet; thence 217.11 feet along
the arc of a curve to the right, having a radius of 2286.833 feet, the
chord of which bears: S.08°47'16"E. 217.03 feet; thence S:06°04'04"E.
96.47 feet; thence 113.99 feet along the arc of a curve to the left, having
a radius of 1544.378 feet, the chord of which bears: S.08°10'56"E. 113.96 feet
thence 192.85 feet along the arc of a curve to the right, having a radius
of 905.359 feet, the chord of which bears: S.04°11'40"E. 192.49 feet; thence
S.01°54'29"W. 787.55 feet to a point on the South line of said Section 19;
thence S.89°50'02"W. along the Northerly line of said Rifle Creek Estates
Subdivision, 565.98 feet to the point of beginning, containing 48.22 acres,
more or less.
Phase I
Phase II
• •
EXHIBIT "B"
Construction Cost Estimate Summary
RIFLE CREEK RANCH SUBDIVISION
(Block 2, Lots 1 thru 5 )
10% contingency
Phase I Estimated Cost:
(Block 1, Lots 1 thru 11)
10% contingency
Phase II Estimated Cost:
Total Cost Phase I and Phase II:
$82, 507
8,250
;j1!;11( 62?E 1.``3
$90,757
$161,500
16,150
$177,650
$268,407
•
PHASE I
EXHIBIT "B" (Cont.) bnoK 6 -*,4z8 ?rag,'
Construction Cost Estimate for Improvement of Block 2, Lots
1. Water System
PVC Pipe
1200 LF - 8"
860 LF - 6"
420 LF - 3"
Gate Valves & Boxes
5 8" units
5 6" units
4 3" units
Fittings
2 Fire Hydrants
2 Manholes
26,000 gallon water tank
Pumps, chlorinator, gallonage meter
Electrical and Control System
5 Service Connections
2 Katadyn Filters Type MF -7R
Wells
TOTAL
$9,000
5,676
2,331
$2,500
1,750
1,000
$1,750
2,000
2,050
15,000
5,200
3,000
750
5,500
5,500
$63,007
2. Roads
Cut and Fill $3,980
Pit run and Base 920
Chip and Seal 780 LF 3,100
18" CMP 120 LF 1,500
Channel Relocation 1,500
TOTAL $11,000
3. Electrical System
TOTAL $ 7,500
4. Construction Survey & Engineering
TOTAL $ 1,000
TOTAL PHASE I $82,507