HomeMy WebLinkAbout3.0 First Amendment to SIA's11111 111111 11111 1 111 1111111ften1111 •
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AMENDMENT NO. 1
SUBDIVISION IMPROVEMENTS AGREEMENT
Valley View Village Subdivision - Phase A
THIS AMENDMENT NO.1, Subdivision Improvements Agreement,
Valley View Village Subdivision - Phase A ("Amendment") is made and
entered into by and between DARTER, L.L.C. ("Owner/Developer") and
the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF
COLORADO ("County").
WHEREAS, Owner/Developer, Owner/Developer's predecessor in
interest and the County entered into that certain "Subdivision
Improvements Agreement" related to Phase A of the Valley View
Village Subdivision at Battlement Mesa PUD, recorded as Reception
No. 643045, in Book 1546, at Page 964 of the Garfield County Clerk
and Recorder's records ("SIA"); and
WHEREAS, consistent with Paragraph 3 of the SIA, title to the
real estate described in Exhibit A of the SIA ("Phase A") was
conveyed to Owner/Developer by Deed recorded as Reception No.
348859, in Book 642, at Page 65; and
WHEREAS, Owner/Developer is in the process of constructing
improvements for Phase A, and Owner/Developer and County find it
appropriate to enter into this Amendment to deal with certain
encroachments on and damage to property owned by the County
adjacent to Phase A.
NOW, THEREFORE, for and in consideration of the premises and
the following mutual covenants and agreements, the parties hereby
agree as follows:
1. Paragraph 1 of the SIA, "Definitions", is amended by the
addition of a new term, as follows:
"County -owned Property" means that parcel of land
consisting of approximately 2 acres, zoned "PSA" and
labeled by Assessor's Parcel Number 2407-181-00-001,
located in the northwest corner of the land described on
the plat identified as Sheet No. 2 of 3, Final Plat of
Valley View Village Subdivision at Battlement Mesa
P.U.D., recorded as Reception No. 643044, in Book 1546,
at Page 963, and described on the Exemption Plat recorded
as Reception No. 643038.
May 7, 2004
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2. Paragraph 4 of the SIA, "Owner's Performance", is amended
by the addition of the following language, including subparagraphs
"F" through "J"., which shall read as follows:
Owner/Developer recognizes and agrees that prior to
March 26, 2004, Owner/Developer's contractor(s) or
agent(s) cleared and grubbed approximately one (1) acre
of the western portion of the County -owned Property
("western portion"), removing the overburden of rocks,
vegetation and topsoil. County and Owner/Developer
recognize and agree that Owner/Developer's contractor(s)
or agent(s): (i) allowed placement of personal property,
whether or not owned by Owner/Developer, on the County -
owned Property; (ii) removed all equipment, construction
materials and personal property on or before close of
business Friday, March 26, 2004, at the verbal request of
representatives of the County; (iii) removed all
stockpiled overburden and debris on or before Monday,
April 5, 2004; and (iv) installed plastic fencing marking
the boundary line between Phase A and the County -owned
Property.
May 7, 2004
F. Owner/Developer shall ensure that all
contractors and subcontractors, of whatever
tier, and any other entities or individuals
working on Phase A are made aware of the
property line and do not use the County -owned
Property for construction staging, parking, or
any other purpose, except that Owner/Developer
or its agents may enter upon the County -owned
Property for the purpose of fulfilling its
obligations under this First Amendment.
G. Owner/Developer shall re -vegetate the
disturbed western portion as soon as possible,
and in no event later than April 30,2004, to
ensure maximum growth during the spring and
summer of 2004, in accordance with a re -
vegetation plan. The plan shall be consistent
with the seed mix, topsoil, fertilizer, mulch,
and timing requirements of the Garfield County
Engineer's "Specification No. 02821", and
shall consist of (i) a plant materials list;
(ii) identification of type and amount of
topsoil; (iii) description of weed management;
and (iv) a planting and watering schedule.
The watering schedule shall. provide adequate
moisture for initial germination and on-going
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growth, with up to one application four times
per week, unless there is sufficient rain
fall, throughout the growing season. The
revegetation plan shall be reviewed by the
Garfield County Vegetation Management
Director, and seeding shall not be commenced
until the approval of the Vegetation
Management Director is received, in writing,
by Owner/Developer or the authorized and
identified representative of Owner/developer.
The Owner/Developer shall apply topsoil to a
depth of six (6) to twelve (12) inches, before
seeding. The disturbed topsoil may be
replaced with the topsoil removed from the
western portion or with imported topsoil, as
long as the topsoil is adequate in quality and
depth to sustain re -vegetation. The area
shall be crimped and mulched with straw, and
otherwise in accordance with Specification No.
02821. Re -vegetation shall be accomplished by
Owner/Developer, including without limitation
the cost of watering and weed management,
without cost or expense to the County.
H. Owner/Developer and County recognize and agree
that dust control is necessary due to removal
of the overburden. Owner/Developer,
therefore, shall provide dust control on the
western portion by application of water, until
such time as revegetation efforts have
eliminated the movement of dirt, dust and
vegetative debris or until the Letter of
Credit, described in Paragraph 5, subparagraph
F below, has been released, whichever occurs
- -
first.
T.
May 7, 2004
Owner/Developer and County recognize and agree
that latent drainage problems, not apparent
from the County's reasonable observation and
inspection prior to execution of this
Amendment, may arise due to the activities of
Owner/Developer's contractor(s) or agent(s) on
the County -owned Property. Owner/Developer's
Engineer has determined that the natural
southwesterly drainage pattern on the County -
owned Property has not been destroyed, as
stated in the opinion letter of High Country
Engineering, Inc., attached to and incorporate
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in by this reference as "Amendment Exhibit No.
1". However, Owner/Developer and County
recognize and agree that disruption to the
natural drainage may have occurred and
mitigation is necessary for at least the
period of time until revegetation is
established. Owner/Developer, therefore,
agrees to install temporary drainage/erosion
control, in the form of approximately Two
Hundred Fifty (250) linear feet of silt
fencing, and to provide further mitigation,
upon the written request of the County, by
means of installation of erosion control
blankets. The silt fencing shall be installed
on or before April 30, 2004.
J. Work by Owner/Developer or Owner/Developer's
agent(s) or contractor(s) on the western
portion shall be accomplished in accordance
with Owner/Developer's state and federal water
quality and waste water discharge permit(s),
including without limitation Owner/Developer's
"NPDES" permit.
3. Paragraph 5, "Security for Improvements", shall be
amended by the addition of one(1) new paragraph,"F",which shall
read:
May 7, 2004
F. Security for Reveaetation of the Western
Portion of County -owned Property. The re -
vegetation of the western portion, detailed in
Paragraph 4, subparagraphs F through H, above,
shall be accomplished in accordance with
Owner/Developer's revegetation plan, as
approved by the County Vegetation Management
Director, and shall be secured by an
irrevocable Letter of Credit in the amount of
Two Thousand Five Hundred Dollars ($2,500.00)
from Owner/Developer or its agent to the
County, delivered to the County by close of
business on May 14, 2004. Said Letter of
Credit may be a separate instrument, in a form
acceptable to the County, or Owner/Developer's
obligation may be met by an increase in the
dollar amount of the already existing Letter
of Credit, specified in Paragraph 5,
subparagraph C., above. The County may hold
the security for a two (2) year period of time
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following the 2004 spring/summer growing
season, i.e. until June 1, 2006, in order to
verify the success of revegetation efforts.
Certifications and the final release of
security for revegetation, upon expiration of
said two-year period of time, shall be by
procedures substantially the same asthe
procedures outlined above in the section
entitled "Partial Releases of Security",
Paragraph 5., subparagraph B., above, with a
certification of completion submitted by the
Owner/Developer and the release of security
approved by the Garfield County Vegetation
Management Director prior to presentation of a
release document, in a form approved by the
County, to the Garfield County Board of County
Commissioners. Partial releases, however,
shall not occur as to revegetation security.
4. Paragraph 11, "Indemnity", is deleted and replaced with
the following:
11. Indemnity. To the extent allowed by law, the
Owner/Developer agrees to indemnify and hold the County
harmless and defend the County from all claims that may
arise as a result of the Owner's/Developer's installation
of the Improvements required by this Agreement, and the
work done on County -owned Property, specified in
Paragraph 4, subparagraphs G through J, above. However,
Owner/Developer does not indemnify the County for claims
made asserting that the standards imposed by the County,
the Battlement Mesa Metropolitan District or other
utility provided are improper or the cause of the injury
asserted.
The County shall notify the Owner/Developer of
receipt of any notice of claim, or a notice of intent to
sue, and shall afford the Owner/Developer the option of
defending any such claim or action. Failure to notify
and provide such written option to the Owner/Developer
within fifteen (15) days of any such notice shall
extinguish the County's rights under this paragraph.
Nothing herein shall be interpreted to require
Owner/Developer to indemnify the County from any claims
arising from the intentional or negligent acts or
omissions of the County, its agents or employees.
Nothing herein shall be interpreted as a waiver of
May 7, 2004
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sovereign immunity to which the County is otherwise
entitled.
5. Other than as amended above, the SIA shall remain in full
force and effect.
6. Upon execution by the parties, this Amendment No. 1 shall
be recorded in the office of the Garfield County Clerk and
Recorder.
WHEREFORE, the partie ave executed this
be effective March 26, 2004, . matter the dat: of e'ecution.
dment No. 1 to
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the Board
STATE OF_COLORADO _ )_ _
)ss.
County of 47esa)
OARD OF CO, TY CIOMMISSIONERS
0 GARFI LI CO QTY, C0.0 -.D0
By:
Joh
Dat
OWNE
DART
Bv:
Terry La e .ce,
Date:
ubscribed and sworn to before me this•) day of
.A , 2004, by Terry Lawrence, Preside
authored representative of Darter 'LLC.
Notary Public
My Commission expires: Z 9(05-
... 2 95
May 7, 2004
6
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DEBORAH A .
FULLER :s
CUi'/rFr
Memo
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To: Board of County Commissioners of Garfield County
From: Ron Weidler
Date: April 23, 2004
Re: Battlement Mesa Subdivision — Re -vegetation of Disturbed County Property
HCE Project Number 2021056.0811
I am writing this memo pursuant to a request from Garfield County regarding the disturbance
of the County's parcel of land, Parcel Number 2407-181-00-001, by Tamerrel Excavating,
Inc. and the impacts to the drainage patterns on this property. I inspected the site on April
21, 2004 to determine what impacts the land disturbance will have on the natural drainage
patterns of the County's parcel site. At the time of my inspection the contractor had removed
all of there equipment, construction materials, and excavation spoils from the County's
parcel and graded the disturbed area to pre-existing grade. From my field observations the
drainage patterns are essentially the same as pre-existing conditions. Additionally the
disturbed area has approximately less than 5% slope and should not be subject to erosion
once re -vegetation has been established.
Please contact High Country Engineering for any questions or Clarifications.
1517 Blake Avenue, Suite 101
Glenwood Springs, CO 81601
Telephone (970) 945-8676 - Fax (970) 945-2555
14 Inverness Drive East Suite D-136
Englewood, CO 80112
Telephone (303) 925-0544 - Fax (303) 925-0547