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HomeMy WebLinkAbout3.0 SIA's492862 B-977 P-797 05/13/96 10:46A PG 1 OF 10 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT SIERRA PINYON SUBDIVISION /22 THIS AGREEMENT is made and entered into this /3 day of 1996, by and between the BARTON F. PORTER (hereinafter referred to as "Owner/Subdivider") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Owner/Subdivider is the owner and developer of certain real property located within Garfield County, Colorado, to be known as the Sierra Pinyon Subdivision; and WHEREAS, the Preliminary Plan for the Sierra Pinyon Subdivision was approved pursuant to Resolution 95-086; and WHEREAS, Owner/Subdivider has submitted to the County for its approval the Final Plat for Sierra Pinyon Subdivision ( the "Final Plat") more particularly described in said Final Plat and on Exhibit A attached hereto, both of which are incorporated herein by reference; and WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner/Subdivider wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner/Subdivider has agreed to execute and deliver a letter of credit to the County to secure and guarantee the performance of this agreement by Owner/Subdivider, and has agreed to certain restrictions and conditions regarding the issuance of building permits and certificates of occupancy; 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. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for Sierra Pinyon Subdivision (the "Subdivision"), subject to the terms and conditions of this agreement, as well as the terms and conditions of the Preliminary Plan approval, Resolution No. 95-086, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER/SUBDIVIDER'S PERFORMANCE. Owner/Subdivider has constructed and installed or shall cause to be constructed and installed, at Owner/Subdivider's own expense, those improvements set forth in Exhibit B attached hereto, and made a part hereof. Those improvements shall be completed on or before September 1, 1996. Additionally, the Owner/Subdivider agrees that those improvements shall be constructed in compliance with the following: A. all plat documents submitted prior to or at the time of the Final Plat approval; 91'. UN511901 m1111NY(JN(UUNIY.SIA 1 B. all requirements of Resolution No. 95-086, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations; C. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, the United States, and any of the various agencies having jurisdiction, affected special districts and municipalities providing utility services; and D. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. The County agrees that if all improvements are installed in accordance with this agreement, the Final Plat documents, the requirements of the Garfield County Zoning Code, all other requirements of this agreement and the requirements of the Preliminary Plan, then the Owner/Subdivider shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 0 3. SECURITY FOR IMPROVEMENTS. 05/13/96 10:46A A. LETTER OF CREDIT. On or before the date of the recording of the Final Plat with the Clerk & Recorder, the Owner/Subdivider shall deliver a letter of credit in a form which is acceptable to the County, in the amount of $30,000.00 which is the estimated costs of the completion of all subdivision improvements related to the Subdivision, as set forth and certified by a licensed professional engineer in Exhibit C attached hereto, less the cost of improvements already completed in conformance with relevant requirements, and as certified in Exhibit C attached hereto. The letter of credit required by this agreement shall be in the full amount of the uncompleted improvements and shall be issued by a State or National banking institution, licensed in the State of Colorado, doing business in the State of Colorado, and in a form acceptable to the County. With the exception of that portion of the letter of credit to be retained for revegetation of landscaping improvements in accordance with Paragraph 3B below, the letter of credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended by written agreement to this agreement, the time period for the validity of the letter of credit shall be similarly extended. Additionally, should the letter of credit become void or unenforceable for any reason prior to the County's acceptance of the improvements, the County may cause the Final Plat to be vacated pursuant to Section 12 below. B. PARTIAL RELEASE OF LETTER OF CREDIT. The County shall release portions of the letter of credit, as portions of the improvements required by this agreement are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed professional engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with requirements of this agreement, including all Final Plat documents, and shall be stamped upon as -built drawings by said professional engineer where applicable. The Owner/Subdivider may request release for the portion of the security upon proof that: It VKS, (1121791\I'1NYONCO1]NIY.SIA 2 05/13/96 10:46A PG • • (1) the Owner/Subdivider has a valid contract with a public utility company regulated by the Colorado P.U.C. or a municipality that obligates such utility company to install certain utility lines and provide service; and (2) the Owner/Subdivider has paid such utility company or municipality the cost of installation of such utilities required to be paid by Owner/Subdivider under such contract. Upon submission of a certification of completion of improvements by the Owner/Subdivider, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner/Subdivider within fifteen (15) clays specifying which improvements are potentially deficient. If no letter of potential deficiencies is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted, and the County shall release the appropriate amount of security, as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete, but which are identified as potentially deficient in the letter of potential deficiencies as provided in this paragraph, the County- shall have thirty (30) days -from the date of the letter of potential deficienciestocomplete its investigation and provide written confirmation of the deficiency to the Owner/Subdivider. CD If upon further investigation the County finds that the improvements are acceptable, then N appropriate security shall be released to the Owner/Subdivider within ten (10) days after cocompletion of such investigation. cn In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment on the letter of credit. Additionally, the County shall provide the Owner/Subdivider a reasonable period of time to cure any deficiency prior to requesting payment on the letter of credit, which time period shall not exceed thirty (30) days. C. SECURITY FOR REVEGETATION. The cost of the landscaping improvements has been set forth in Exhibit B attached hereto, including an amount sufficient to provide for full revegetation of the landscaping required by the Preliminary Plan. The letter of II:11RS\MR IfltPINVOMCt111NrY.SIA 3 0 a 05/13/96 10:46A credit set forth above must provide security for all costs of landscaping. The certificate of completion for landscaping improvements shall set forth the costs of revegetation, and such amount shall be retained as security for a period not to exceed one (1) year after such completion. The initial completion of landscaping shall occur on or before September 1, 1996. At the conclusion of that one (1) year period from the date of certification of completion, the amount of security retained for landscaping shall be released by the County upon receipt and acceptance of a certified letter from a landscape professional that such landscaping is complete and is no longer in need of revegetation, and that revegetation is established. D. SUBSTITUTION OF LETTER OF CREDIT. The County may, at its sole option, permit the Owner/Subdivider to substitute collateral other than a letter of credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. E. RECORDING OF FINAL PLAT. No Final Plat shall be recorded pursuant to this agreement, until the letter of credit described in this agreement, in a form acceptable to the County, and in an amount acceptable to the County, has been received and approved by the County. 4. WATER SYSTEM AND UTILITIES. All easements and real property constituting the site of domestic water and utility systems shall be indicated upon the Final Plat, and dedicated to, and accepted by the homeowners association. Coincident with the recording of the Final Plat, the Owner/Subdivider shall transfer all water rights to the homeowners association as such are necessary to provide water service to the Subdivision. Additionally, the Owner/Subdivider shall deed all easements for water services and utilities to the homeowners association coincident with the recording of the Final Plat. 5. PERMITS The parties agree that no building permit shall be issued until the Owner/Subdivider demonstrates to the satisfaction of the Fire District and the County that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements, including completion of the water system have been completed and are operational, as required by this agreement. The rn Owner/Subdivider herein agrees that prior to the conveyance of any lot within the Subdivision, ca Owner/Subdivider will provide to the purchaser of that lot a signed copy of Exhibit D attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy. 00 6. ROADS. All roads within the Subdivision shall be dedicated to the public, are accepted herein by the County on behalf of the public, but are not accepted by the County for purposes of maintenance, upkeep, or repair. The homeowners association to be created by the Owner/Subdivider for the Subdivision shall bear the sole responsibility for the maintenance, repair, upkeep, snow removal and reconstruction of all roads within the Subdivision. 7. INDEMNITY. To the extent allowed by law, the Owner/Subdivider agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner/Subdivider's installation of the improvements required pursuant to this 11:VRS\PC1R'ft\P WYf1MCOVNIll.S1A 4 0 w 0 05/13/96 10:46A • • agreement. However, the Owner/Subdivider does not indemnify the County for claims made 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/Subdivider of receipt of a notice of claim, or a notice of intent to sue and shall afford the Owner/Subdivider the option of defending any such claim or action. Failure to notify and provide such written option to the Owner/Subdivider shall extinguish the County's rights under this paragraph. Nothing hereinstated shall be interpreted to require the Owner/Subdivider to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 8. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 14 single family lots. The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner/Subdivider specifically agrees that Owner/Subdivider is obligated to pay the same, herein accepts that obligation, and waives any claim that Owner/Subdivider is not so obligated or required to pay school impact fees. The Owner/Subdivider agrees that subsequent to recording of the Final Plat, the Owner/Subdivider will not claim, nor is the Owner/Subdivider entitled to, a reimbursement of the school impact fees paid in conjunction with this agreement. 9. 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 until the breach is remedied. 10. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to recording of the Final Plat. 11. APPROVAL OF FINAL PLAT. The County herein agrees to approve the Final Plat of the Subdivision subject to the terms and conditions of this agreement, as well as the terms and conditions of the Preliminary Plan Approval. 12. CONSENT TO VACATE PLAT. In the event the Owner/Subdivider fails to comply with the terms of this agreement, including the terms of the Preliminary Plan, the County shall have the ability to vacate the Final Plat as it pertains to lots which have not been conveyed for and at market value to bona fide purchasers, which purchasers are not related to op the Owner/Subdivider. Any lots which have been so conveyed shall not be vacated and the plat as to those lots shall remain valid. The Owner/Subdivider shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. CD CO 13. ENFORCEMENT. In addition to any rights which may be provided by Colorado -44 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. 14. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Subdivision, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner/Subdivider, Owner/Subdivider's successors and assigns. I I: UNYU'ORTEMPINYONICY )LINTY. \IA 5 05/13/96 10:46A 492862 B-977 P-802 • • 15. RECORDING. Upon execution and authorization by the County, the Owner/Subdivider shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 16. 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. 17. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 18. 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: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Barton F. Porter 2571 County Road 314 New Castle, CO 81647 ENTERED INTO the day and year first above written. OWNER/SUBDIVIDER: BARTON F. PORTER BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO Cl rk to the Board II: VR.S11a1k77XWINYIIN\Q NINIY..SIA 6 By: s„ Chairman 0 0 05/13/96, 10:46A PG • • EXHIBIT A Legal Description -Sierra-Pinyon Subdivision - A parcel of land situated in Section 22, Township 6 South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Lots 17, 18 & 19, Sierra Vista Ranch according to Plat filed as Rec. No. 302518. H: ltS NJR1PkU'tNYOMCOUNTY_iln 7 O O co 05/13/96 10:46A O o a t— ti Pal a) EXHIBIT B Required Construction - Sierra Pinyon Subdivision No. Item Cost Status 1 Access Road/Culverts/Gravel Complete 2 Wells Complete 3 30,000 Gallon Water Tank/Piping/ Controls Complete 4 Electrical Service $ 29,500.00 5. Revegetation of Cut Slopes $ 500.00 Estimated Costs Remaining $ 30,000.00 it:V0.STT<iNTT➢TTINYbM000NTY STA 8 April -3, 1996 - Mr. Mark Bean Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 Re: Sierra Pinyons Subdivision HCE Job No. 94093.04 Dear Mark: EXHIBIT "C" • This letter is to bring the County up-to-date on the construction already performed for the public improvements on the referenced project. Currently, all construction necessary for the road base has been completed. The Class 6 final surface is under construction and should be © completed prior to the Final Plat hearing. 05/13/96 10:46A The water system has been installed. The electrical and telephone service lines have not yet been installed to the subdivision. The owner has indicated that he would like to use overhead electric if at all possible. It is my understanding that this may require another meeting with the County Commissioners to request a change in the approval. However, to expedite the Final Plat process, the owner has indicated that he will Bond the underground cost. ,r, Based on periodic observations of the construction in progress, the improvements noted above o co have been completed in accordance with the construction documents approved by the County a, and Garfield County regulations. This statement of completion shall in no way relieve any r- other party from meeting requirements imposed by contract or other means, including ocommonly accepted industry practices. CD CO 0) If you have any questions- or- need -additional information; please call: Sincerely, HIGH COUNTRY ENGINEERING, INC. Toe D. Hope, P.E. Project Manager 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 • • EXHIBIT D NOTICE REGARDING BUILDING PERMITS TO: ALL PURCHASERS OF HOME SITES WITHIN THE SIERRA PINYON SUBDIVISION YOU ARE HEREBY NOTIFIED under applicable Garfield County Regulations, you may not commence construction of a residence within unincorporated Garfield County, including Sierra Pinyon Subdivision, prior to issuance of a building permit by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Barton Porter, you are hereby notified of the following: 1. Approval of the Final Plat by Garfield County does not assure that improvements have been constructed, and are actually in place. While Garfield County has obtained sufficient security to assure construction of those improvements, you have the responsibility to determine whether or not those improvements will be in place in a timely manner relative to your request for issuance of a building permit. 0 2. Prior to issuance of a building permit, the lot owner must demonstrate to the County that the Fire Protection District is satisfied that there is adequate fire fighting water available on the construction site. 05/13/96 10:46A Garfield County shall not issue a certificate of occupancy for any structures within Sierra Pinyon Subdivision until all subdivision improvements, including the water system and all other utilities have been completed and are operational in accordance with the Subdivision Improvements Agreement. OWNER/SUBDIVIDER: BARTON F. PORTER 00 rn 2571 County Road 314 rIt New Castle, CO 81647 N THE FOREGOING NOTICE WAS READ AND UNDERSTOOD BY THE N UNDERSIGNED PURCHASER OF A HOME SITE WITHIN SIERRA PINYON SUBDIVISION THIS DAY OF , 199 . II:JRMPOR lA\PWVOMCIJ11MY.SIA PURCHASER: (Type Name) (Type Name) (Type Address Above) GARFIELD COUNTY SURVEYOR'S OFFICE PLAT REVIEW INVOICE ATTN: MR. MARK BEAN DIRECTOR, GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH ST. GLENWOOD SPRINGS, CO. 81601 PLAT NAME: SIERRA PINYON DATE OF REVIEW: MAY 2, 1996 PLAT REVIEWED BY: SAMUEL PHELPS. DESCRIPTION OF SERVICES: REVIEW PLAT SUBMITTED TO COUNTY. 1 HR. @ $40.00 P/H MAY 6, 1996 $40.00 SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT ME AT YOUR CONVENIENCE. 'INCERELY; SAMUEL PHELPS AS GARFIELD COUNTY SURVEYOR County Courthouse Bldg. 109 Eighth Street Glenwood Springs, 00 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 210 Glenwood Springs, 00 81601 PH: (970) 928-8233 FAX: (970) 945-8565